- 2 - The parties have stipulated some facts, which we incorporate herein by this reference. When she petitioned this Court, petitioner resided in Baltimore, Maryland. Background On October 31, 1994, petitioner was granted a divorce from her husband, Norris Dail (Mr. Dail). The divorce judgment granted petitioner and Mr. Dail joint custody of their minor son, Norris Rashid Dail (Norris), and ordered that Norris was to reside with Mr. Dail from Monday morning through Thursday evening at 6 p.m., and with petitioner from Thursday evening through Monday morning. On her 2000 Form 1040, U.S. Individual Income Tax Return, petitioner claimed Norris as her dependent and filed as head of household. In the notice of deficiency, respondent determined that petitioner was not entitled to claim Norris as her dependent and changed her filing status to single. Discussion 1. Dependency Exemption Deduction A taxpayer is allowed a dependency exemption deduction for each dependent. Sec. 151(c)(1).1 To qualify as the taxpayer’s dependent, an individual must, among other things, receive (or be 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year at issue.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011