Brian Montwillo - Page 4

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          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 her                






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