Christina Wentland - Page 5

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          What they did have was a divorce case that wasn’t finished yet,             
          plus an order from a State court awarding temporary custody of              
          both children to Mr. Wentland.  Ms. Anderson’s problem, then, is            
          that the advice she got was wrong, because her divorce was not              
          final until August 2000.  This means that the divorce decree                
          didn’t apply to her 1999 taxes.                                             
               In this kind of situation, the Tax Code says that a taxpayer           
          like Ms. Anderson must prove she gave more than half of the                 
          support for her daughter before she can claim her as a dependent.           
          See sec. 152(a).  This is very hard to do--first Ms. Anderson               
          would have to prove the total amount of support Stephanie                   
          received during the year, including any food, clothing, and                 
          shelter that Stephanie got from her grandmother as well as Mr.              
          Wentland.  At trial, Ms. Anderson truthfully said that in 1999              
          her daughter was mostly living with Mr. Wentland’s mother.  Even            
          though Ms. Anderson paid the child support the state court told             
          her to, and paid for extras too, we find that she did not show              
          that she paid for more than half of all her daughter’s expenses             
          in 1999.  Therefore, Ms. Anderson could not claim her daughter as           
          a dependent on her 1999 tax return.                                         
               The Government also claims that Ms. Anderson should have               
          filed as “married filing separately” instead of “single” or “head           
          of household.”  While it may be true that Ms. Anderson should               
          have filed as “married filing separately” because her divorce was           






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