Cheryl J. Miller - Page 3




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            fact and law arising from the separation and divorce of                                    
            petitioners.                                                                               
                  In a prior opinion in these cases, Miller v. Commissioner,                           
            T.C. Memo. 1999-273, we decided that "unallocated child support                            
            and maintenance" payments made pursuant to a Colorado State court                          
            decree were not deductible by the payor spouse under section 2151                          
            or includable in the income of the payee spouse under section 71.                          
            The only issues remaining for decision2 are:                                               
                  (1) Whether a State court decree which awarded the                                   
            dependency exemptions for petitioners' minor children to the                               
            noncustodial parent but which was not signed by the custodial                              
            parent qualifies as a written declaration signed by the custodial                          
            parent that she will not claim the children as dependents as                               
            required by section 152(e)(2); and                                                         
                  (2) if issue (1) is resolved in favor of the noncustodial                            
            parent, whether the custodial parent regained the right to claim                           
            the dependency exemptions because the noncustodial parent failed                           
            to pay all of the child support required by the State court                                
            decree.                                                                                    



                  1All section references are to the Internal Revenue Code as                          
            in effect for the years in issue, and all Rule references are to                           
            the Tax Court Rules of Practice and Procedure.                                             
                  2The only other issues raised by the notices of deficiency                           
            are computational.                                                                         





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