- 4 - Petitioner timely filed a U.S. Individual Income Tax Return, Form 1040, for 1998, reporting wages of $26,093 and adjusted gross income of $22,632. On his return, petitioner designated his filing status as “head of household”, and he claimed (1) deductions for dependency exemptions for his five children, (2) an earned income credit, and (3) a child tax credit (on line 43 of Form 1040) and an additional child tax credit (on line 60 of Form 1040). Petitioner did not attach to his return Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or any other declaration or statement from Ms. Allison agreeing not to claim exemptions for any of their five children on her return for the year in issue. In contrast, petitioner did attach to his return Form 8812, Additional Child Tax Credit. In the notice of deficiency, respondent determined that petitioner’s filing status was “single” rather than “head of household”. Respondent also determined that petitioner was not entitled to: (1) Deductions for dependency exemptions, (2) an earned income credit, or (3) a child tax credit and additional child tax credit. In his petition, petitioner admits that he had physical custody of his children for less than half of the year, but alleges that he maintained a residence for them and provided over 60 percent of their support.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011