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generally be treated as providing over half of the support of the
minor dependent, and that parent will be entitled to the
dependency exemption deduction.
It is well settled that deductions are a matter of
legislative grace, and taxpayers must satisfy the specific
statutory requirements for claimed deductions. INDOPCO, Inc. v.
Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v.
Helvering, 292 U.S. 435, 440 (1934). This Court has in the past
rejected claims that the provisions of section 152 are
unconstitutional. Caputi v. Commissioner, T.C. Memo. 2004-283.
Accordingly, we hold that for tax year 2003 petitioners are not
entitled to dependency exemption deductions for the three
children from Mr. Gibson’s previous marriage.
Petitioners claimed child tax credits and additional child
tax credits for the three children who were claimed as
dependents. Section 24(a) authorizes a child tax credit with
respect to each qualifying child of the taxpayer.
The term “qualifying child” is defined in section 24(c). A
“qualifying child” means an individual with respect to whom the
taxpayer is allowed a deduction under section 151, who has not
attained the age of 17 as of the close of the taxable year, and
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