- 2 - income tax. The issues for decision are whether petitioner is entitled to (1) a dependency exemption deduction for his daughter, Samantha, (2) head of household filing status, and (3) the earned income credit. We decide the first issue in the affirmative. We decide the remaining two issues in the negative. Background Some facts have been stipulated. The parties’ stipulation of facts and the exhibits submitted therewith are incorporated herein by this reference. Petitioner resided in Alabama when his petition was filed. Petitioner filed electronically a 1999 Federal income tax return, using the filing status of “Head of Household”. The return was prepared by a representative from VITA, the Volunteer Income Tax Assistance program. On that return, petitioner reported total income of $16,274 and claimed a dependency exemption deduction for his youngest daughter, Samantha, who was born on October 22, 1980. Petitioner also claimed on his 1999 return that he was entitled to an earned income credit. Petitioner and his former wife, Jeanine, were divorced in October 1990. Approximately 15 months earlier, they had executed and signed a notarized agreement entitled “Memorandum of Property and Support Agreement After Separation”. In relevant part, the agreement provided: 8. The Husband shall pay to the Wife, for maintenance and support of the parties’ children,Page: Previous 1 2 3 4 5 6 7 Next
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