- 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 constitutesPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011