- 2 - Respondent determined a deficiency in petitioners’ Federal income tax of $2,992 for the taxable year 2001. After concessions,1 the issues for decision are: (1) Whether petitioners are entitled to claim a dependency exemption deduction for petitioner Benson B. Berry’s son, BB, from a previous marriage; and (2) whether petitioners are entitled to a child tax credit for taxable year 2001 with respect to BB. Background Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. Petitioners resided in Rock Hill, South Carolina, on the date the petition was filed in this case. Benson B. Berry (petitioner) appeared before the Court and presented petitioners’ case. Petitioner wife, Melissa Wells-Berry, did not appear. On July 3, 1975, petitioner and Ernestine Berry (Ernestine) were married. During the marriage, petitioner and Ernestine had four children; only one child of the marriage, BB, is at issue in the case at bar. 1Petitioners claimed exemptions for BB and WW (the Court uses only the minor children’s initials) on their 2001 Federal income tax return, both of which were disallowed in the notice of deficiency. At trial, respondent conceded that petitioners were allowed to claim the dependency exemption deduction with respect to WW, and that they were entitled to the child tax credit for taxable year 2001 with respect to WW. As a result of respondent’s concessions, the deficiency for taxable year 2001 now in controversy is $1,398.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011