Ella Louise Wooten - Page 6




                                        - 6 -                                         

               (b) the noncustodial parent provides at least $600 for                 
          the support of such child during the calendar year (section                 
          152(e)(4)).                                                                 
               None of the exceptions to the general rule apply in the                
          present case.  Petitioner did not present evidence of a written             
          declaration from Mr. Wooten relinquishing his right to claim                
          Kenya and William as dependents, there was no multiple support              
          agreement, and there was no pre-1985 instrument since                       
          petitioner’s divorce decree was rendered in 1991.  Accordingly,             
          the Court sustains respondent’s determination that petitioner is            
          not entitled to dependency exemption deductions for Kenya and               
          William for 1995, 1996, and 1997.                                           
               Respondent determined petitioner’s filing status to be                 
          single rather than head-of-household for 1995, 1996, and 1997 and           
          disallowed the earned income credit for 1995 and 1996 because               
          William and Kenya did not reside with petitioner for more than 6            
          months during any of these years.  Respondent also adjusted the             
          amount of petitioner's 1997 earned income credit to reflect that            
          petitioner did not have a qualifying child for that year because            
          William and Kenya did not reside with petitioner for more than 6            
          months during 1997.  See infra note 2.                                      
               Section 2(b) defines head-of-household as an individual                
          taxpayer who is unmarried at the close of his or her taxable year           
          and who maintains as his or her home a household that constitutes           





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

Last modified: May 25, 2011