Richard J. Meyer III - Page 8




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          Accordingly, Ms. Meyer was the custodial parent.                            
               Ms. Meyer never executed a written declaration releasing to            
          Mr. Meyer the dependency exemption for Richard for 1994, 1995, or           
          1996, and Mr. Meyer did not attach to a return for 1994, 1995, or           
          1996 anything purporting to be a written declaration signed by              
          Ms. Meyer releasing the dependency exemption for Richard to him.            
          Therefore, we conclude that Mr. Meyer is not entitled to a                  
          dependency exemption for 1994, 1995, or 1996 for Richard.  Sec.             
          152(e); see Miller v. Commissioner, 114 T.C. 184 (2000) (section            
          152(e)(2) requires the custodial parent to sign a written                   
          declaration releasing the dependency exemption for his or her               
          child to the noncustodial parent).                                          
          Child Care Credit                                                           
               In the case of an individual who maintains a household which           
          includes as a member one or more qualifying individuals, there              
          shall be allowed as a credit against tax an amount equal to the             
          applicable percentage of employment-related expenses paid by such           
          individual during the taxable year.  Sec. 21(a)(1).  A                      
          “qualifying individual” includes a dependent of the taxpayer                
          under the age of 13 and with respect to whom the taxpayer is                
          entitled to a deduction under section 151(c).4  Sec. 21(b)(1)(A).           
               Mr. Meyer is not entitled to a deduction for Richard under             



               4  Additional definitions of “qualifying individual” are not           
          applicable herein.  Sec. 21(b)(1)(B) and (C).                               





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