Fedner Francois Tovar - Page 3




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          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,                      





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