- 3 - next.2 Petitioner did not maintain a log or any other record pertaining to the time that the children were with him during the year in issue. On his Federal income tax return for 2001, petitioner claimed a dependency exemption deduction for Thomas. He also claimed the child tax credit for Thomas and head of household filing status. Respondent disallowed the dependency exemption deduction, the child tax credit, and determined that petitioner’s correct filing status was single. Discussion A. Relevant Statutes 1. Dependency Exemption Deduction Section 151 provides that an individual taxpayer is allowed to deduct an exemption for personal dependents. The definition of “dependent” includes a son or daughter of the taxpayer “over half of whose support, for the calendar year * * * was received from the taxpayer”. Sec. 152(a). Special rules, however, apply in the case of children of divorced or separated parents. Sec. 152(e). Prior to 1985, the custodial parent generally was treated as having provided more than half of the support for each minor 2 The custody order also provides for the parties to alternate holidays, to each have one week of uninterrupted vacation time with the children, and for custody when one of the parties is traveling out of town on business.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011