- 4 - Respondent issued a Notice of Deficiency, dated January 11, 2002, disallowing the dependency exemption deductions claimed for the children. Petitioner filed a petition with this Court on March 26, 2002, while residing in Morristown, Arizona, and an amended petition on May 29, 2002, while residing in Phoenix, Arizona, and respondent filed his Answer to Amended Petition on June 17, 2002. Discussion Generally, section 151(c)(1) allows a taxpayer to deduct an exemption amount for each child of the taxpayer who is a dependent as defined in section 152. Under section 152(a), the term “dependent” means certain individuals over half of whose support was received from the taxpayer during the calendar year for which such individuals are claimed as dependents. Eligible individuals who may be claimed as dependents include, among others, the sons and daughters of the taxpayer. Sec. 152(a)(1). Special rules establish which parent may claim a minor child as a dependent where the parents are divorced or separated. See sec. 152(e). Generally, if a child’s parents are divorced, the child is in the custody of one or both for the year, and the parents provide over half of the child’s support, the custodial parent (the parent with custody for the greatest portion of the year) is treated as having provided over half of the child’s support for the year, and that parent may deduct the exemption amount with respect to such child for the year. Sec. 152(e)(1).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011