Frank Planko - Page 4

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          morning when the children are returned to school.  Petitioner was           
          granted physical custody of the children on alternate weekends              
          from Friday at the end of the school day or as soon thereafter as           
          possible until Monday morning when the children are returned to             
          school.  Ms. O’Hara was granted physical custody of the children            
          during alternate weekends and during the week when petitioner did           
          not have custody.                                                           
               During times when school was not in session, petitioner’s              
          weekend custody ran from Friday at 5:00 p.m. until Monday at 8:00           
          a.m., at which time the children were to be returned to Ms.                 
          O’Hara.  During these times, Ms. O’Hara has physical custody from           
          Monday at 8:00 a.m. until Tuesday at 5:00 p.m. and from Thursday            
          at 8:00 a.m. until Friday at 5:00 p.m.  Petitioner was                      
          responsible for all pickups and drop offs of the children in                
          accordance with the custody schedule.                                       
               The custody order was in effect during the entire 1998 tax             
          year.  There was no multiple support agreement in effect during             
          the year at issue.  Petitioner did not file Form 8332, Release of           
          Claim to Exemption for Child of Divorced or Separated Parents,              
          with his 1998 tax return.                                                   
               Petitioner and Ms. O’Hara lived apart at all times during              
          the year at issue.  Combined, petitioner and Ms. O’Hara provided            
          more than half of the support for the children in 1998.                     
               Petitioner claimed two dependency exemption deductions and             





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