- 3 - and Ms. Schroeder. The agreement called for petitioner and Ms. Schroeder to have joint legal custody of the children, with Ms. Schroeder having primary, physical custody. Petitioner testified that the children resided with Ms. Schroeder for more than half of the 1999 taxable year. In addition, petitioner testified that he and Ms. Schroeder collectively provided all the support for the children during 1999, but he provided the majority of the that support. The agreement also contained a provision that petitioner was “entitled to receive all exemptions, deductions and the like on his [Federal] income tax returns with respect to all three children.” In preparing his 1999 Federal income tax return, petitioner claimed three dependency exemption deductions and the child tax credit with respect to the children. Petitioner claimed the deductions relying on the terms of the agreement. However, petitioner did not attach to his 1999 tax return a written declaration signed by Ms. Schroeder stating that she would not claim the children as dependents during the 1999 taxable year. In the statutory notice of deficiency, respondent disallowed the dependency exemption deductions and the child tax credit on grounds that petitioner had not established entitlement to either. We decide the deficiency issue in this case on the basis ofPage: Previous 1 2 3 4 5 6 7 8 Next
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