- 2 - petitioner is entitled to claim dependency exemption deductions for her two minor children under section 1512 and (2) whether petitioner is entitled to claim a child tax credit under section 24. Petitioner resided in Brooklyn, New York, at the time the petition was filed. Background The facts may be summarized as follows. Pursuant to a Judgment of Divorce (the judgment) entered by the Supreme Court of the State of New York, County of Kings, petitioner and her former spouse, Leo DiGuilio (Mr. DiGuilio), were divorced on December 6, 1993. The judgment awarded petitioner custody of their two minor daughters, Amanda and Geena DiGuilio (the children). The judgment further ordered Mr. DiGuilio to pay biweekly child support of $268. The judgment made no reference to dependency exemption deductions for the children. Since the divorce, petitioner has provided over half of the support for the children. For the taxable years 1994 to 1997, irrespective of the dependency exemption deductions for the children, petitioner did not have sufficient income to owe any Federal income tax. However, Mr. DiGuilio was employed. Thus, his accountant advised him to seek a waiver from petitioner of her claim to dependency 2 Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the year in issue.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011