Amanda M. Beeghly - Page 6




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          Nevertheless, the order provides that Mr. Beeghly was to have               
          physical custody of Shelby on Christmas Day that year.  With                
          respect to other 1997 holidays, petitioner had actual, physical             
          custody of Shelby on New Year’s Day, Easter, and Thanksgiving.              
          Mr. Beeghly had actual, physical custody of Shelby on Labor Day.            
               For 1998, pursuant to the schedule set forth in the order,             
          petitioner was awarded physical custody of Shelby for specific              
          periods for a total of 182 days, and Mr. Beeghly was awarded                
          physical custody of Shelby for a specific period for a total of             
          183 days.2                                                                  
               As relevant here, on her Federal income tax return for each            
          year in issue, petitioner computed her Federal income tax                   
          liability taking into account the following: (1) Head of                    
          household filing status and the appropriate standard deduction;             
          (2) a dependency exemption deduction for Shelby; (3) a child tax            
          credit (1998 only); (4) a credit for child care expenses; and               
          (5) an earned income credit computed by treating Shelby as a                
          qualifying child.                                                           
               For each year, respondent determined that petitioner was not           
          entitled to a dependency exemption deduction for Shelby because             
          she did not establish that she was Shelby’s custodial parent for            
          a greater portion of the year.  Other adjustments made in the               
          notice of deficiency need not be discussed.                                 



               2 There were 365 days in each year in issue.                           



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