- 8 - (10th Cir. 1986); Neal v. Commissioner, supra; Nieto v. Commissioner, T.C. Memo. 1992-296. Unfortunately, regardless of what is stated in the State divorce decree, the law is clear that petitioner husband is entitled to the child dependency exemption in 2001 only if he complied with the provisions of section 152(e)(2). Petitioner husband has failed in this regard. It follows, therefore, that the exception set forth in section 152(e)(2) does not apply and that the general rule of section 152(e)(1) does apply. Accordingly, petitioner is not entitled to deduct a dependency exemption for BMC for 2001. Sec. 152(e)(1); Miller v. Commissioner, supra. Respondent’s determination on this issue is sustained. B. Child Tax Credit Section 24(a) authorizes a child tax credit with respect to each “qualifying child” of the taxpayer. The term “qualifying child” is defined in section 24(c). As relevant here, a “qualifying child” means an individual with respect to whom the taxpayer is allowed a deduction under section 151. Sec. 24(c)(1)(A). We have already held that petitioner husband is not entitled to a deduction under section 151 for a dependency exemption for BMC. Accordingly, BMC is not considered a “qualifying child” within the meaning of section 24(c). It follows, therefore, thatPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011