Howard Jones - Page 3

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          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 a             






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