- 3 - deficiency, respondent disallowed the dependency exemption deduction for Joseph. The first issue for decision is whether petitioner is entitled to a dependency exemption deduction. A deduction generally is allowed under section 151(a) for each dependent of a taxpayer. Sec. 151(a), (c)(1). Subject to exceptions and limitations not relevant here, a child of a taxpayer is a dependent of the taxpayer only if the taxpayer provides over half of the child’s support for the taxable year. Sec. 152(a). It is clear in this case that petitioner did not provide over half of Joseph’s support during 1999: Petitioner paid only $1,633 in child support during that year. In addition to any other sources of support, Joseph received at least $10,000 per year from his employment, which he used for his own support. Petitioner therefore is not entitled to a dependency exemption deduction for Joseph in 1999. Id. Petitioner argues that a separation agreement he entered into with Ms. Lisi prior to their divorce entitles petitioner to the dependency exemption deduction. There is a special rule which applies if a child receives over half of his support during the year from his parents, where (a) the parents are divorced, separated, or live apart from their spouses for at least the last 6 months of the calendar year, and (b) the child is in the custody of one or both parents for more than half of the year.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011