- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011