- 2 - Respondent determined a deficiency in petitioner’s Federal income tax of $2,740 for the taxable year 1998. The issues for decision are: (1) Whether petitioner is entitled to a dependency exemption deduction for his daughter; (2) whether petitioner is entitled to head of household filing status; and (3) whether petitioner is entitled to an earned income credit. Some of the facts have been stipulated and are so found. The stipulations of fact and the attached exhibits are incorporated herein by this reference. Petitioner resided in Colorado on the date the petition was filed in this case. Petitioner and his former wife, Denise Lillian Gilbert, were divorced in 1997. Petitioner’s former wife was granted sole legal custody of their minor daughter, Alexis. The final orders issued by the District Court, Routt County, Colorado, provided in relevant part: Because Husband [petitioner] is providing 100% of the financial support for Alexis, I am awarding Husband the entire dependency exemption for Alexis for 1997 and all future years. Husband shall be entitled to claim this exemption, however, only if he is current in paying all child support for the tax year for which the exemption is claimed and if claiming the exemptions provides him with a tax benefit. If either condition is not satisfied, Wife may claim an exemption for Alexis for that tax year. During 1998, petitioner lived in Colorado while Alexis lived with petitioner’s former wife in Louisiana. Petitioner visited the Louisiana residence for approximately 3 months during 1998, butPage: Previous 1 2 3 4 5 6 7 8 Next
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