- 3 - Background Petitioners formerly were married but were divorced in 1993. They are the parents of Diana M. Lautenberger (Diana) and other children. Petitioners have been subject to various custody orders concerning their children. The custody order in effect during 1998 provided for joint custody of Diana with physical custody split equally between petitioners on a weekly basis. With occasional exceptions, during 1998 Diana spent alternate weeks with each of her parents. On their 1998 Federal income tax returns, both petitioners claimed Diana as a dependent and both claimed a child tax credit with respect to her. Respondent determined deficiencies in both petitioners’ 1998 Federal income taxes. At the request of respondent, the cases have been consolidated to assure that our decisions are consistent. Discussion Section 151(c) allows an individual taxpayer to deduct an exemption amount for each dependent as defined in section 152 in computing taxable income. Under section 152(a), the term “dependent” means certain individuals, including a son or daughter of the taxpayer, over half of whose support was received from the taxpayer (or is treated under subsection (c) or (e), concerning multiple support or divorce situations, as received from the taxpayer) during the calendar year in which the taxablePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011