Jeffrey R. King and Sabrina M. King - Page 6

                                        - 6 -                                         
          presented, the cases were consolidated for purposes of trial,               
          briefing, and opinion.                                                      
                                       OPINION                                        
               The issue for decision is which petitioners are entitled to            
          dependency exemption deductions for Monique for the years in                
          issue.  As explained below, we hold that the Lopezes are entitled           
          to the deductions because Mr. Lopez and Mrs. King lived apart at            
          all times during the last 6 months of 1998 and 1999 and Mrs. King           
          released her claim to the dependency exemption deductions for the           
          years in issue.                                                             
               Section 151 provides exemption deductions for qualified                
          dependents of a taxpayer in computing taxable income.  A child of           
          a taxpayer is generally a dependent of the taxpayer only if the             
          taxpayer provides over half of the child’s support during the               
          taxable year.  Sec. 152(a).  A special support test applies to              
          certain parents.  Section 152(e) provides:                                  
                    SEC. 152(e)  Support Test in Case of Child of                     
               Divorced Parents, Etc.–-                                               
                         (1) Custodial parent gets exemption.–-Except                 
                    as otherwise provided in this subsection, if--                    
                              (A) a child (as defined in                              
                         section 151(c)(3)) receives over                             
                         half of his support during the                               
                         calendar year from his parents--                             
                                   (i) who are divorced                               
                              or legally separated                                    
                              under a decree of divorce                               
                              or separate maintenance,                                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011