- 7 - out in preparation for trial rather than during the year in issue: No other notations appear on the calendar, indicating it likely was not used as a general calendar during that year. Furthermore, the accuracy of the calendar is questionable because it fails to distinguish between those days on which petitioner had custody for the majority of the day and those days on which he had custody for only a few hours; according to the divorce decree and petitioner’s own testimony this would have happened on many occasions. We do not find this calendar to be credible evidence of the amount of time petitioner had physical custody of Robert during 1998. The terms of the divorce decree, after accounting for the time Robert would have been in school and in child care, splits the physical custody of Robert nearly equally between petitioner and Ms. Mentzel. Understandably, the record in this case fails to establish the exact number of days each of them actually spent with Robert. However, because petitioner has failed to provide credible evidence regarding this issue, the burden of proof remains on him to show respondent’s determinations to be in error. Sec. 7491(a)(1); Rule 142(a). Petitioner has failed to show that he was Robert’s custodial parent during 1998, and petitioner did not attach to his return a written declaration signed by Ms. Mentzel. Thus, he is not entitled to the dependency exemption deduction pursuant to the special rules ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
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