- 2 - “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 thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011