Richard G. Keene - Page 4




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          weekends.  The parties agree that Dr. Keene was the custodial               
          parent of the minor children at issue during the taxable year               
          2004.  Pursuant to the Marital Settlement Agreement, the Judgment           
          ordered that petitioner pay 29 percent of his income to Dr. Keene           
          as child support.                                                           
               With respect to the issue of which parent would claim the              
          child dependency exemptions, the Judgment, in pertinent part,               
          provides as follows:                                                        
               SECTION VII. TAXES.                                                    
                    A. The petitioner, Richard Keene * * * shall have the             
               right to claim the child A.K. * * * as a dependent for                 
               federal and state income tax purposes provided that one or             
               both parents fulfill the tax code requirements for claiming            
               a dependency exemption.  Petitioner’s right to claim the               
               child as a dependent is dependent upon him being current and           
               in compliance with the support provisions of this agreement.           
                    *      *      *      *      *     *      *                        
                    The petitioner shall alternate the right to claim                 
               M.K. as a dependent for federal and state income tax                   
               purposes provided that one or both parents fulfill the tax             
               code requirements for claiming the dependency exemption.               
               Petitioner shall claim M.K. in even numbered years.                    
               Petitioner paid $14,891.25 in child support to Dr. Keene in            
          2004.  This total comports with the amount that petitioner was              
          ordered to pay (29 percent of income) in the underlying Judgment.           
               Petitioner timely filed his 2004 Federal income tax return             
          claiming dependency exemptions with respect to the minor                    
          children, A.K. and M.K., and two child tax credits.  Petitioner             
          attached to his 2004 Federal income tax return a Form 8332,                 







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