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Respondent determined a deficiency of $1,356 in petitioner’s
1998 Federal income tax. The issues for decision are: (1)
Whether petitioner is entitled to a dependency exemption
deduction for one of his children, and (2) whether petitioner is
entitled to a child tax credit.
Background
Some of the facts have been stipulated and are so found.
At the time the petition was filed, petitioner resided in
Chesterfield, Virginia.
Petitioner married Donna Bonner on March 12, 1983. They
have two children, Patrick Ross Izac, born August 8, 1986, and
Jerilyn Renee Izac, born May 27, 1992. Petitioner and Ms. Bonner
separated in 1995 and were divorced on February 3, 1997.
On November 12, 1996, a Virginia court with jurisdiction
over such matters issued an order that provides, in relevant
part:
it is hereby ORDERED that * * * [petitioner and Ms.
Bonner] are granted joint shared custody of their
infant children. * * * [Ms. Bonner] shall have
physical custody of the children until such time as
school begins. Thereafter, * * * [petitioner and Ms.
Bonner] shall alternate having physical custody of the
children on an every other school grading period basis,
with * * * [petitioner] having physical custody of the
children during the first school grading period, * * *
[Ms. Bonner] having physical custody during the second
school grading period, and so forth, until the end of
school. During the summer vacation, * * * [petitioner
and Ms. Bonner] shall equally divide their time with
the children.
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