Marvina J. Dail - Page 2

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               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.                  




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