- 16 -
The parties have stipulated that, during 1995, and in
accordance with the supplemental final judgment, petitioner paid
Ms. Hodson $3,000 in cash. On brief, respondent concedes that,
on account of such payment, petitioner is entitled to a deduction
for alimony paid in 1995 of $3,000. We accept such concession.
Petitioner is entitled to a deduction for alimony paid
during 1995 of $3,000.
B. Personal Exemption Deduction
On petitioner’s 1995 return, he showed Meagan as his
daughter and dependent and, on account thereof, deducted $2,500
as a personal exemption deduction.
Section 151(a) allows a deduction for certain exemption
amounts, including the exemption amount ($2,500 for 1995) for
certain dependents of the taxpayer. See sec. 151(c). As
applicable to this case, the term “dependent” means a daughter of
the taxpayer, over half of whose support for the year is provided
by the taxpayer. See sec. 152(a)(1). Generally, if a child’s
parents are divorced, the child is in the custody of one or both
for the year, and the parents provide more than half of the
child’s support, the custodial parent (the parent with custody
for the greater portion of the year) is treated as having
provided over half of the child’s support for the year, and he or
she may deduct the exemption amount with respect to such child
for the year. See sec. 151(e). Section 1.152-4(b), Income Tax
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: May 25, 2011