- 2 - 2000 Federal income tax. The issues are whether, with respect to petitioner’s daughter and son, petitioner is entitled to claim (1) dependency exemption deductions, and (2) an earned income credit (EIC). Petitioner resided in Thomson, Georgia, at the time the petition was filed. The facts may be summarized as follows. Petitioner is divorced. Petitioner’s former wife was awarded custody of their two minor children, Ashley Jones (born 1987) and Justin Jones (born 1992) (collectively, the children). The record does not contain either the divorce decree or custody decree. During 2000, petitioner resided in Marathon Shores, Florida, and the children resided with petitioner’s former wife in Thomson, Georgia. In preparing his 2000 Federal income tax return, petitioner claimed two dependency exemption deductions and an EIC with respect to the children. Respondent disallowed the dependency exemption deductions because petitioner did not attach to his return a written declaration executed by his former wife waiving her right to the deductions and the EIC because the children did not reside with petitioner for more than 6 months in 2000. Dependency Exemptions Sections 151 and 152 provide that a taxpayer is entitled to deduct an exemption for a minor child if the taxpayer provides over half of the support for the minor child. In the case of aPage: Previous 1 2 3 4 5 6 Next
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