- 2 - solely for purposes of deciding respondent’s motion for entry of decision; it does not constitute findings of fact. On their jointly filed 2000 Federal income tax return, petitioners claimed four dependency exemption deductions, a $2,396 earned income credit (EIC), and a $225 wage withholding credit, resulting in a $2,621 claimed refund. Respondent remitted $1,725 (plus interest) of petitioners’ claimed refund to the State of Idaho in satisfaction of petitioner Carl Voigt’s (petitioner) unpaid child support obligation, pursuant to section 6402(c).1 Petitioners do not dispute this payment to the State of Idaho. Respondent also alleges that on May 25, 2001, he paid the $896 balance (plus interest) of petitioners’ claimed refund to petitioner Marci Voigt pursuant to an Injured Spouse Claim and Allocation request (Form 8379) that she filed with respondent. Petitioners dispute ever receiving this payment. By notice of deficiency dated October 12, 2001, respondent disallowed petitioners’ claimed EIC and two of their claimed dependency exemption deductions, asserting a $2,910 deficiency. The parties are now in substantial agreement about the items reflected in the notice of deficiency: petitioners concede that they are not entitled to their claimed EIC; respondent concedes that petitioners are entitled to the four dependency exemption 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011