Michael T. and Kathleen L. Schultheiss - Page 4

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               Petitioners filed a Federal income tax return for tax year             
          2002, as married filing jointly.  Petitioners claimed dependency            
          exemption deductions for the children.  Mrs. Friemark also                  
          claimed dependency exemption deductions for the children on a               
          jointly filed Federal income tax return for tax year 2002.                  
               Respondent disallowed petitioners’ claimed dependency                  
          exemption deductions and issued a notice of deficiency to                   
          petitioners on March 29, 2004.  Petitioners filed a timely                  
          petition on June 15, 2004.                                                  
               Petitioner asserts that he is entitled to claim dependency             
          exemption deductions for the children in any year in which Mrs.             
          Friemark would not “benefit” from claiming the deductions.                  
          Respondent disagrees.                                                       
                                     Discussion                                       
               A taxpayer may be entitled to claim as a deduction an                  
          exemption amount for each of his or her dependents.  Sec. 151(c).           
          An individual must meet the following five tests in order to                
          qualify as a dependent of the taxpayer:  (1) Support test; (2)              
          relationship or household test; (3) citizenship or residency                
          test; (4) gross income test; and (5) joint return test.  Secs.              
          151 and 152.  If the individual fails any of these tests, he or             
          she does not qualify as a dependent.                                        
               As to the support test, a taxpayer generally must provide              
          more than half of a claimed dependent’s support for the calendar            






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