James M. Melton - Page 7

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          States, 783 F.2d 966 (10th Cir. 1986); Neal v. Commissioner, T.C.           
          Memo. 1999-97; Nieto v. Commissioner, T.C. Memo. 1992-296.                  
          Petitioner’s remedy is to enforce the former wife’s compliance              
          with an order from the State court.                                         
          B.   Child Tax Credit                                                       
               Section 24(a) provides that a taxpayer may claim a child tax           
          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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