Shane Nolan and Monika Anne Lewis - Page 4

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          and the child care credit with respect to another child of Shane            
          Nolan Lewis (petitioner).3                                                  
               The child was born on November 4, 1993.  Petitioner and the            
          child’s mother (the mother) were never married.  Petitioner and             
          the mother shared joint legal and physical custody of the child.            
          By court decree, the mother was declared custodial parent, and              
          petitioner was designated the noncustodial parent.  During the              
          year at issue, 2002, the child lived with his mother and her                
          parents at Anderson, California.  The child had extended visits             
          with petitioners during 2002, but the longevity of his combined             
          visits was considerably less than one-half of the taxable year,             
          approximately 98 days.                                                      
               During 2002, petitioners provided both financial and medical           
          support for the child.  The support consisted of child support              
          payments, tuition for special classes, dental expenses, and                 
          approximately $430 for clothing and miscellaneous expenses.  In             
          addition, petitioner’s health insurance coverage with his                   
          employer also included the child, the cost of which did not                 
          require payment of any additional premium by petitioner.  The               
          total monetary support provided by petitioners during 2002 was              
          approximately $5,502.                                                       


               3Throughout the opinion, references to “the child” are to              
          this child and not the child as to whom respondent conceded the             
          dependency exemption deduction and child care credit adjustments.           





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