- 2 - Respondent determined a deficiency of $3,592 in petitioners’ 2001 Federal income tax. The issues are (1) whether petitioners are entitled to claim dependency exemption deductions for petitioner Jeffrey Scott Robb’s (hereinafter petitioner) children from a former marriage under section 151, and (2) whether petitioners are entitled to claim child tax credits for two of the children under section 24. Petitioners resided in Woodbridge, Virginia, at the time the petition was filed. Background The facts are undisputed and may be summarized as follows. Petitioner and Lorreta Delaney (Loretta) were divorced in 1994. Together they had four children. In 2001, three of the four children were minors. Petitioner and Loretta entered into a written separation agreement with addendums. In the final divorce decree it is noted that the Circuit Court of Stafford County “neither affirms, ratifies nor incorporates” the agreement or its addendums into the final divorce decree. The agreement, dated September 29, 1992, stated: “Provided the Husband is current in his obligations to pay child support, he may have the children’s tax exemptions for both state and federal tax returns.” The parties stipulated that petitioner was current in his obligation to pay child support during 2001. Loretta was the custodial parent of the children within the meaning of section 151(e)(1).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011