- 2 -- 2 - Respondent determined a deficiency of $1,363 in petitioner’s Federal income tax for 2003. The issues for decision are whether petitioner is entitled to claim a dependency exemption deduction for his daughter and whether petitioner is entitled to a child tax credit. Background Petitioner resided in Huntington, West Virginia, at the time he filed his petition. Petitioner is the unmarried father of J.W. In compliance with a November 5, 1997, child support order issued by the Circuit Court of Cabell County, West Virginia, petitioner paid nearly 90 percent of the total determined support obligation for J.W. in 2003, and he maintained health insurance on J.W.’s behalf. J.W.’s mother is the custodial parent of J.W. Petitioner claimed a deduction for a dependency exemption and a child tax credit for J.W. on his 2003 tax return. Respondent disallowed the dependency exemption and the child tax credit, explaining in the notice of deficiency that “whoever has been appointed custodial parent by the court system is entitled to the dependent exemption unless he or she expressly waives the right to claim the exemption.” The notice also explained that, because the child tax credit can be claimed only by a taxpayer who is eligible to claim the dependency exemption deduction, the child tax credit petitioner claimed for 2003 was also disallowed.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011