2 an addition to tax for 1989 pursuant to section 6651(a)(1) in the amount of $145. The issues for decision are: (1) Whether petitioner is entitled to five dependency exemptions under section 151 for the years at issue; and (2) whether petitioner is liable for an addition to tax for failure to file a timely return for 1989 under section 6651. Some of the facts have been stipulated and are so found. The stipulation of facts and exhibits received into evidence are incorporated by this reference. Petitioner resided in Eaton Park, Florida, at the time he filed his petition. Petitioner married Grace Williams in September 1974. Five children were born of this marriage: (1) Samson, born December 15, 1975; (2) Faith, born October 13, 1977; (3) Jesus, born July 14, 1979; (4) Norman, born December 30, 1980; and (5) Mary, born November 30, 1982. Petitioner and Grace Williams separated in May 1984, and, on October 11, 1984, an Order of Support was entered. On June 17, 1985, a divorce decree was entered in the Circuit Court for Polk County, Florida. Pursuant to the Order of Support and divorce decree, Grace Williams received sole custody of the children, with reasonable visitation allowed petitioner, and monthly child support of $150 to be paid by petitioner. There was no provision in the divorce decree providing which parent would be entitled to claim the children as "dependents" under section 151(c). No written document was ever executed byPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011