Scott David Duby - Page 2




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          Revenue Code in effect at relevant times, and all Rule references           
          are to the Tax Court Rules of Practice and Procedure.                       
                                     Background                                       
               Scott David Duby (petitioner) and Monica Aguirre Duby                  
          (Aguirre) were divorced on May 27, 1997, pursuant to the Decree             
          of Dissolution of Marriage (divorce decree) issued by the                   
          Superior Court of the State of Arizona in and for the County of             
          Maricopa (divorce court).  The divorce decree provides that                 
          Aguirre receive sole legal and physical custody of the three                
          children:  Victoria Amber Duby, born July 5, 1985 (Victoria);               
          Christopher Scott Duby, born November 1, 1988 (Christopher); and            
          Monica Andrea Duby, born July 1, 1993 (Monica) (collectively, the           
          children).  In support of the custody award the divorce decree              
          recites that during prior separation petitioner did little to               
          seek out and exercise visitation on his own and that the children           
          complained that petitioner did not return their telephone calls.            
          The divorce court concluded that awarding custody to Aguirre was            
          in the children’s best interest.                                            
               The divorce decree provides for Aguirre to claim Victoria as           
          a dependent.  Under the divorce decree petitioner may become                
          entitled to claim Christopher and Monica as dependents “provided            
          he is current in his child support obligation for that year and             
          child support arrearage payments on December 31 of the applicable           
          year”.  The divorce decree states that if petitioner satisfies              






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