- 7 - Nieto v. Commissioner, T.C. Memo. 1992-296. Petitioners’ remedy is to continue to pursue the custodial parent’s compliance with the support order in the State court, and any and all other remedies that may be pursued against the custodial parent to make petitioners whole. B. Child Tax Credit Section 24(a) provides that a taxpayer may claim a credit for “each qualifying child”. As relevant here, a qualifying child is defined as an individual if “the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year”. Sec. 24(c)(1)(A). Petitioner did not establish entitlement to a dependency exemption deduction under section 151; therefore, he is not entitled to claim the child tax credit. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011