- 2 - Respondent determined a deficiency in petitioners’ 1999 Federal income tax in the amount of $3,310. The Court must decide whether petitioner Phillip James Burke (petitioner) has a release from the custodial parent so that he is entitled to claimed dependency exemption deductions for his three children. Some of the facts in this case have been stipulated and are so found. Petitioners resided in San Diego, California, when their petition was filed. Section 7491 does not apply because this case involves a legal issue. Prior to his marriage to petitioner Gail Agnes Storey, petitioner was married to Dorothy Burke (Ms. Burke). Pursuant to a Judgment of Dissolution of Marriage (divorce decree) entered by the Superior Court of California, County of Los Angeles, petitioner and Ms. Burke were divorced on June 26, 1991. At the time of their divorce, petitioner and Ms. Burke had three minor children, Brian, Megan, and Kathryn. Primary physical custody of the three minor children was awarded to Ms. Burke, with certain periods of physical custody awarded to petitioner. The divorce decree contains the following provision: Petitioner is awarded the tax deduction for the children for which support is being paid until such time as Respondent [Ms. Burke] can provide evidence that her direct contribution to their support exceeds that of Petitioner, determination to be based on IRS guidelines.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011