Joann Bramante - Page 2




                                                - 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.                                 





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