Robert James Mentzel, Jr. - Page 9

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          section 152(e).  Furthermore, assuming arguendo that custody was            
          split exactly evenly, petitioner has failed to show that he                 
          provided over half of Robert’s support during 1998; petitioner              
          therefore would not be entitled to the dependency exemption                 
          deduction pursuant to the general rule of section 152(a).                   
               Because petitioner is not entitled to the dependency                   
          exemption deduction, he also is not entitled to the child tax               
          credit.  Sec. 24(c)(1)(A).  Finally, because petitioner has                 
          failed to establish that Robert resided with him for more than              
          half of 1998, he is not entitled to head of household filing                
          status.  Sec. 2(b)(1).                                                      
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               



















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