Karen Ann Cicchini - Page 8




                                        - 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