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lists Ms. Cornea as the custodial parent of S.D. and states that
Ms. Cornea is entitled to the dependency exemption on her Federal
income tax return for S.D. Neither the Internal Revenue Code nor
this Court recognizes a taxpayer’s ability to “purchase” a
dependency exemption from the custodial parent. Furthermore,
even if such an arrangement would be sanctioned, Ms. Cornea
claimed the exemption on her return and was thus not able to
release the exemption to petitioner. Respondent, therefore, is
sustained. Petitioner is not entitled to the dependency
exemption for S.D. claimed on his 2002 Federal income tax return.
Reviewed and adopted as the report of the Small Tax Case
Division.
Decision will be entered
for respondent.
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Last modified: May 25, 2011