Lawrence Patrick O'Brien - Page 3

                                        - 2 -                                         
          should not be cited as authority.                                           
               Respondent determined a deficiency of $2,431 in petitioner’s           
          2001 Federal income tax.  After a concession by respondent, the             
          issue is whether petitioner is entitled to section 151 dependency           
          exemption deductions for two of his minor children.  Petitioner             
          resided in Harrison, Ohio, at the time the petition was filed.              
                                     Background                                       
               Petitioner and Katherine E. O’Brien (Ms. O’Brien) divorced             
          on November 6, 1998.  They are the parents of six children.  At             
          the time of the divorce, five of the children were minors.  In              
          the divorce decree, petitioner was designated the custodial                 
          parent of one child, and Ms. O’Brien was designated the custodial           
          parent of the remaining four.                                               
               Petitioner was ordered to pay Ms. O’Brien $325 per child               
          each month for the four children in her physical custody.  The              
          divorce decree further ordered that petitioner was entitled to              
          claim two of the minor children in Ms. O’Brien’s custody as                 
          dependents for Federal tax purposes if his child support                    
          obligation was current and paid in full for the year in which he            
          was claiming the children as dependents.  Respondent does not               
          dispute that petitioner’s child support obligation was current              
          and paid in full for the year at issue.                                     
               Petitioner claimed dependency exemption deductions for three           
          of his children on his timely filed 2001 Form 1040, U.S.                    






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011