Steven F. Darton and Paula V. Jacobs - Page 7

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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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