- 3 - Both petitioner and Ms. Burke signed the divorce decree on May 29, 1991. On line 6d of their 1999 joint Federal income tax return, petitioners claimed a total of five exemptions, two personal exemptions and three dependency exemptions for petitioner’s three children from his previous marriage to Ms. Burke. Petitioners did not attach a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, to their 1999 Federal income tax return. Ms. Burke was the custodial parent of her three children during 1999. Ms. Burke claimed dependent exemptions for each of her three children on her 1999 Federal income tax return. Respondent allowed the dependent exemptions claimed by Ms. Burke as the custodial parent. Respondent issued a statutory notice of deficiency to petitioners disallowing the three claimed dependency exemptions. Section 151(c) allows a taxpayer to deduct an annual exemption amount for each dependent, as defined in section 152. Under section 152(a), the term “dependent” means, in pertinent part, a son or daughter of the taxpayer over half of whose support was received from the taxpayer. Sec. 152(a)(1). In the case of a child of divorced parents, section 152(e)(1) provides in pertinent part that if a child receives over half of his support from his parents who are divorced underPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011