Joseph F. Lisi - Page 4

                                        - 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