- 7 - the provisions of section 152(e)(4) shall not apply to such decree. The parties disagree whether section 152(e)(4) applies in the present case. The dispute centers on whether Mr. Anker was in arrears in the payment of child support. In this regard, it should be recalled that in the divorce decree, the Texas State court directed that Mr. Anker shall have the right to claim the dependency exemptions for the children of the marriage for the purpose of federal income taxes for 1984 and all subsequent years, so long as all child support herein ordered to be paid by claimant is timely paid. [Emphasis added.] Respondent appears to concede that if Mr. Anker were in arrears in the payment of child support, then section 152(e)(1), rather than section 152(e)(4), would provide the rule for decision and petitioner would prevail. See Flatt v. Commissioner, T.C. Memo. 1986-495, wherein we held that “where a divorce agreement conditions the claim for dependency exemptions upon the performance of specific obligations, it is appropriate for this Court to determine if, in fact, the party obligated to meet such conditions has fully complied.” Mr. Anker’s court-imposed child support obligation for the 14-1/2 year period from July 1984 through December 1998 was $75,015.48.5 The exhibits in the present case, particularly the 5 Computed as follows: $400/month x 146 months plus $593.41/month x 28 months.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011