Wilson Baker, Jr. - Page 5

                                        - 5 -                                         

          payments for child support, which is not deductible.  As of the             
          time of the court order in 1990, petitioner was in arrears for              
          child support, and the only payments that petitioner has                    
          substantiated were stipulated to have been made pursuant to that            
          court order.                                                                
               During trial, petitioner presented a computer summary of               
          payments that he allegedly made to his former wife during the               
          years in issue.  That summary, however, was prepared shortly                
          before trial and was not corroborated by any canceled checks or             
          other original documents.  Petitioner was afforded the                      
          opportunity after trial to present additional documents for                 
          stipulation, but he did not do so.  Petitioner has failed to                
          prove that he made any deductible alimony payments during the               
          years in issue.                                                             
               To be entitled to a dependency exemption under section                 
          151(c), petitioner must prove that he meets the conditions of               
          section 152(e) as follows:                                                  
                    (e) Support Test in Case of Child of Divorced                     
               Parents, Etc.--                                                        
                         (1) Custodial parent gets exemption.--Except                 
                    as otherwise provided in this subsection, if--                    
                              (A) a child (as defined in section                      
                         151(c)(3)) receives over half of his support                 
                         during the calendar year from his parents--                  
                                   (i) who are divorced or legally                    
                              separated under a decree of divorce or                  
                              separate maintenance,                                   





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011