Shalom J. & Daniel F. Bonham - Page 3




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               Respondent determined a deficiency in petitioners’ 1998                
          Federal income tax in the amount of $1,880.  After concessions by           
          respondent, the Court must decide whether petitioners are                   
          entitled to claim a dependency exemption deduction for Ammon                
          Bonham.                                                                     
               Some of the facts in this case have been stipulated and are            
          so found.  Petitioners resided in Woodburn, Oregon, when their              
          petition was filed.                                                         
               Beginning on January 1, 1996, petitioner Daniel F. Bonham’s            
          son by a previous marriage, Ammon Bonham (Ammon), lived with                
          petitioners.  During the taxable year 1998 Ammon lived with                 
          petitioners for the entire year.  Petitioners provided 100                  
          percent of Ammon’s support during the taxable year 1998.                    
          Petitioners claimed a dependency exemption for Ammon on their               
          1998 income tax return.                                                     
               In 1987, petitioner Daniel F. Bonham (petitioner) was                  
          divorced from Michelle Cutler, by a decree of divorce from a Utah           
          civil court (the divorce decree).  The divorce decree is not in             
          the record.  The divorce decree awarded Michelle Cutler full                
          custody of Ammon.                                                           
               Respondent, among other things, disallowed the dependency              
          exemption deduction for Ammon Bonham.  Section 151(c) allows a              
          taxpayer to deduct an annual exemption amount for each dependent,           
          as defined in section 152.  Under section 152(a), the term                  






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