Walter D. and Pauleana L. Mace - Page 3

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               “Petitioner” refers only to Walter D. Mace.  Respondent                
          determined a deficiency of $1,397 in petitioners’ 2001 Federal              
          income tax.  The issue is whether petitioners are entitled to a             
          section 151 dependency exemption deduction and a section 24 child           
          tax credit for petitioner’s minor child.  At the time the                   
          petition was filed petitioners resided in Erlanger, Kentucky.               
                                     Background                                       
               Petitioner and Ella Jo Willis (custodial parent) are the               
          biological parents of a minor child who was born in 1991.                   
          Petitioner and the custodial parent have never been married to              
          each other, and they lived apart at all times during 2001.  By              
          order of the Hamilton County Juvenile Court (support order) dated           
          May 25, 1999, petitioner was ordered to pay the custodial parent            
          child support.                                                              
               The support order states that “every year” petitioner is               
          entitled to claim the child as a dependent for tax purposes if              
          the child support payments for the year in which the child will             
          be claimed as a dependent are current in full.  The support order           
          also provides that the custodial parent “must take whatever                 
          action necessary to enable this claim.”  Petitioner was current             
          in full with his child support obligations for the year at issue.           
               Petitioners claimed a dependency exemption deduction and a             
          child tax credit for petitioner’s minor child on their jointly              
          filed Form 1040, U.S. Individual Income Tax Return, for the                 






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