- 5 -
Netherlands during 2000. Therefore, S.G. fails the citizenship
or residency test under section 152(b)(3).
We hold that petitioners are not entitled to claim a
dependency exemption deduction for S.G. for 2000. Accordingly,
respondent’s determination on this issue is sustained.
B. Child Tax Credit
Section 24(a) provides that a taxpayer may claim a credit
for “each qualifying child”. A qualifying child is defined,
inter alia, as any 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).
For the reasons stated in paragraph A, supra p. 4,
petitioners may not claim a dependency exemption deduction for
S.G. under section 151. Therefore, they may not claim a child
tax credit for him. Respondent’s determination on this issue is
sustained.
C. Period of Assessment
Petitioners contend that respondent “delayed in notifying
petitioner that the dependency exemption for * * * [S.G.] for
taxable year 2000 was disallowed.” Petitioners appear to argue
that respondent issued the notice of deficiency beyond the
statute of limitations on assessment. See sec. 6501(a).
Generally, an income tax must be assessed within 3 years
after the applicable return is filed (whether or not such return
was filed on or after the date prescribed). Sec. 6501(a). The
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011