Paul W. and Debbie K. Colozza - Page 3

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               Respondent determined a deficiency of $1,047 in petitioners’           
          Federal income tax for 2001.                                                
               The sole issue for decision is whether petitioners are                 
          entitled to a dependency exemption deduction under section 151              
          for their 2001 tax year for a child of Paul W. Colozza                      
          (petitioner) from a prior marriage.                                         
               Some of the facts were stipulated, and those facts, with the           
          annexed exhibits, are so found and are incorporated herein by               
          reference.  At the time their petition was filed, petitioners’              
          legal residence was Kansas City, Missouri.                                  
               Petitioner was previously married to Janice Lee Henderson              
          (Mrs. Henderson).  One child was born of that marriage.                     
          Petitioner and Mrs. Henderson were later divorced prior to the              
          year at issue.  The divorce decree provided that the child’s                
          primary residence was with Mrs. Henderson.  In 1999, the State              
          court in which they were divorced issued a judgment modifying the           
          divorce decree with regard to petitioner’s support obligations              
          for the child.  That modification, as it pertains to the issue              
          before this Court, provided:                                                

                    That FATHER is awarded the tax exemption each year                
               beginning in calendar year 1999 for the child if he makes              
               his ordered child support (both current and arrearage)                 
               payments for that year, and MOTHER shall sign IRS Form 8332            
               or any other necessary documents by January 31 of the                  
               following year to ensure that FATHER receives the exemption.           







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