Walter D. and Pauleana L. Mace - Page 8

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          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.                          
















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