Brian Montwillo - Page 5

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          claim to the dependency exemption deduction by signing a written            
          declaration to that effect, and (2) the noncustodial parent                 
          attaches this written declaration to his income tax return.  Sec.           
          152(e)(2).                                                                  
               During 2001, Ms. Oliver-Montwillo was the custodial parent             
          of the children.  During 2001, the children received over half              
          their support from their parents, who were separated under a                
          written separation agreement.  Pursuant to section 152(e)(1),               
          then, Ms. Oliver-Montwillo is entitled to claim the dependency              
          exemption deductions for 2001.  She has not released her claim to           
          the exemptions for 2001.  Petitioner is not entitled to the                 
          dependency exemption deductions for 2001.                                   
               2.   Child Tax Credit                                                  
               Section 24 allows a tax credit for each “qualifying child”             
          of a taxpayer.  Sec. 24(a).  To be a qualifying child, an                   
          individual must, among other things, qualify as the taxpayer’s              
          dependent. Sec. 24(c).                                                      
               As just discussed, the children do not qualify as                      
          petitioner’s dependents.  Therefore, petitioner is not entitled             
          to claim the child tax credit.                                              
               3.   Filing Status                                                     
               An individual qualifies as a head of household if, among               
          other things, he is not married at the close of the taxable year            
          and maintains a home that serves as the principal place of abode            






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Last modified: May 25, 2011