- 5 -
all of Monique’s financial support in 1998 and 1999. On the
basis of the expenditures for Monique established by the record,
the Kings provided over half of Monique’s support during these
years. Mr. Lopez and Mrs. King have had only sporadic and brief
contact with each other since 1987, and at no time did she inform
him that she wanted or otherwise intended to revoke the release
contained in the Form 8332 that she executed on April 30, 1988.
On July 29, 2002, respondent issued notices of deficiency to
the Kings and the Lopezes for their taxable years 1998 and 1999.
In order to protect the Government from a potential whipsaw,
respondent determined that neither the Kings nor the Lopezes were
entitled to dependency exemption deductions under section 151.3
The Kings and the Lopezes timely filed petitions to this Court
seeking redeterminations. Because of the common issues
3Respondent also reduced the Lopezes’ child tax credit for
1998 and 1999 on the basis of the determination that the number
of their children that could be claimed as dependents was reduced
by one. Resolution of this issue depends on our decision with
respect to the issue of which petitioners are entitled to the
dependency exemption deduction for Monique.
With respect to the Kings, respondent determined that they
were entitled to an additional child tax credit for 1998 not
claimed on their 1998 return; however, because respondent
determined that they were not entitled to an exemption deduction
for Monique, the child tax credit for 1999 was reduced by $500.
Respondent also reduced the Kings’ earned income credit for 1998
on the basis of the change in the number of allowed exemptions.
Respondent conceded this issue before trial. Resolution of the
child tax credit issue for 1999 depends on our decision with
respect to the issue of which petitioners are entitled to the
dependency exemption deductions for Monique.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011