- 3 - children. Marie Oliver also claimed dependency exemption deductions for the children on her 2001 Federal income tax return. On May 27, 2003, respondent issued a statutory notice of deficiency to petitioner, disallowing the dependency exemption deductions and child tax credit, and changing his filing status to single. Discussion Because we decide this case on the preponderance of the evidence, without regard to the burden of proof, section 7491(a) is inapplicable. 1. Dependency Exemption Deductions A taxpayer is allowed a dependency exemption deduction for each dependent. Sec. 151(a), (c). To qualify as a taxpayer’s dependent, the taxpayer’s child generally must be under age 19 (age 24 if the child is a student) and receive over half of his or her support from the taxpayer during the taxable year. Secs. 151(c)(1)(B), 152(a). Pursuant to the provisions of section 152(e)(1), as relevant here, the custodial parent is generally entitled to the dependency exemption deduction, if the parents provide over half the child’s support and the taxpayers are separated under a written agreement. As an exception to this general rule, the noncustodial parent may be entitled to claim the dependency exemption deduction if (1) the custodial parent releases herPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011