Steed Wells - Page 6

                                        - 5 -                                         
               Petitioner argues that the applicable statute allows him to            
          take an exemption if he proves that he provided over half of the            
          support for Jude.  However, petitioner incorrectly reads the                
          statute.  We note that we do not question whether petitioner                
          complied with the support and child care provisions of the order.           
          To be entitled to claim Jude as a dependent petitioner must                 
          obtain the Form 8332 or a similar declaration signed by Ms.                 
          Kingston, the custodial parent, and such document must be                   
          attached to the return.  Sec. 152(e)(2).                                    
               Because petitioner is not entitled to the dependency                   
          exemption, he also is not entitled to the child tax credit.  Sec.           
          24(c)(1)(A).                                                                
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        for respondent.                               



















Page:  Previous  1  2  3  4  5  6  

Last modified: May 25, 2011