James M. Melton - Page 3

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               Respondent determined a deficiency of $2,195 in petitioner’s           
          2001 Federal income tax.  The issues are whether petitioner is              
          entitled to a section 151 dependency exemption deduction for two            
          children and a section 24 child tax credit for one child.  At the           
          time the petition was filed petitioner resided in Baltimore,                
          Maryland.                                                                   
                                     Background                                       
               The facts are stipulated.  Petitioner was married to Brenda            
          Sue Melton, and they are the parents of two children.  In 1990              
          they were divorced.  The Judgment of Divorce provided that the              
          parties are granted “the permanent joint care and custody of                
          * * * [the children] subject to the following arrangements”.                
          Petitioner would have custody of the children beginning on                  
          Saturday morning through the end of the school day on Monday                
          except for the second weekend of each month.  Petitioner had “the           
          right to visit with and have the children with him every                    
          Wednesday morning until the end of the school day”.  The children           
          would spend approximately one-half of their time with each parent           
          on major holidays.  Petitioner would have the children the first            
          2 weeks of July and August of each year.  With respect to taxes,            
          petitioner would be “entitled to the Federal and State tax                  
          deductions attributed to the children * * * so long as his                  









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