Richard R. Izac - Page 5

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          for academic year 1998-1999 started on November 12, 1998, and               
          continued into 1999 (50 calendar days in 1998).                             
               On his timely filed 1998 Federal income tax return,                    
          petitioner identified both of his children in the area of the               
          return where dependents are listed, but only claimed a dependency           
          exemption deduction for his son.  He also claimed a $200 child              
          tax credit.                                                                 
               In the notice of deficiency respondent disallowed the                  
          dependency exemption deduction because, according to respondent,            
          petitioner “did not provide more than 50 percent” of his son’s              
          “total support”.  Respondent also disallowed the child tax credit           
          because “one or more qualifying children claimed on * * *                   
          [petitioner’s] return has been disallowed”.                                 
          Discussion                                                                  
               In general, a taxpayer is entitled to a dependency exemption           
          deduction for each of the taxpayer’s dependents.  Sec. 151(c).              
          The term “dependent” includes the taxpayer’s child, over half of            
          whose support for the year is received, or treated as received,             
          from the taxpayer.  Sec. 152(a).  Because petitioner’s son is the           
          child of divorced parents, his support is determined pursuant to            
          section 152(e).  That section provides, subject to certain                  
          conditions not in dispute and exceptions not applicable here,               
          that the child is treated as having received over half of his or            
          her support from the parent who has custody over the child for a            






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