Stephen James Caputi - Page 6

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               2.  Child Tax Credit                                                   
               Section 24(a) provides that a taxpayer may claim a credit              
          for “each qualifying child”.  As relevant here, a qualifying                
          child is defined as an individual if “the taxpayer is allowed a             
          deduction under section 151 with respect to such individual for             
          the taxable year”.  Sec. 24(c)(1)(A).  Petitioner is not entitled           
          to claim a dependency exemption deduction under section 151;                
          therefore, he is not entitled to claim the child tax credit.                
               3.  Head of Household Filing Status                                    
               A taxpayer shall be considered a head of a household if                
          that taxpayer is not married, is not a surviving spouse as                  
          defined in section 2(a), and maintains a household which                    
          constitutes for more than one-half of the taxable year the                  
          principal place of abode of a child of the taxpayer.  Sec.                  
          2(b)(1)(A)(i).  The taxpayer must also furnish over half of the             
          cost of the household during the taxable year.  Sec. 2(b)(1).  As           
          discussed, supra, petitioner did not maintain a household that              
          constituted for more than one-half of the taxable year the                  
          principal place of abode for Thomas.  Accordingly, petitioner is            
          not entitled to head of household filing status.                            
          B.  The Constitutionality of Section 152(e)                                 
               Petitioner argues that by granting the custodial parent the            
          dependency exemption deduction, section 152(e) creates the                  
          irrebuttable presumption that the custodial parent provides more            






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