Terence M. Taylor - Page 4




                                        - 3 -                                         
               Petitioner filed a Federal income tax return for taxable               
          year 1997 as a head of household.  He claimed three dependency              
          exemption deductions, one for each of his children, and he                  
          claimed an earned income credit with two qualifying children--              
          Lakeda and Twila.  He reported the following income tax                     
          liability:                                                                  
               Wage income                         $11,126                            
               Standard deduction                    6,050                            
               Personal exemption deduction          2,650                            
               Dependency exemption deductions       7,950                            
               Taxable income                          -0-                            
               Total tax                               -0-                            
               Earned income credit                  3,656                            
          In the statutory notice of deficiency, respondent changed                   
          petitioner’s filing status to single, disallowed the three                  
          dependency exemption deductions, and disallowed the full amount             
          of the claimed earned income credit, because petitioner had not             
          provided supporting information.                                            
               At trial, respondent’s sole argument was that petitioner is            
          not entitled to head of household filing status, the dependency             
          exemption deductions, and the earned income credit, because he              
          has not provided documentary evidence proving he has legal                  
          custody of the children.                                                    
               Among other requirements, a taxpayer generally is entitled             
          to a dependency exemption deduction for a child if the taxpayer             
          provides over half of the child’s support during the taxable                
          year.  Secs. 151(a), (c), and 152(a).  The child’s gross income             





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