Zachary S. and Lisa C. Curello - Page 9

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          (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, that           






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