- 3 - order granting primary physical custody of the two children to Mr. Royster and liberal visitation to petitioner.1 Petitioner and Mr. Royster were divorced on March 30, 2002. The divorce decree ordered petitioner to pay Mr. Royster $278.48 per month for child support. Petitioner timely filed Forms 1040, U.S. Individual Income Tax Return, for taxable years 2001 and 2002. On her 2001 and 2002 returns, petitioner filed as a head of household and claimed two dependency exemptions for her two minor children, the earned income credit, and the additional child tax credit. On her 2002 return, petitioner also claimed the child tax credit. Petitioner did not attach to either return a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or other written declaration by Mr. Royster. Respondent determined that petitioner was not eligible for head of household filing status because her children did not live with her for over half of each taxable year in issue, and that she was not eligible for any of the other claimed exemptions and credits. Accordingly, respondent determined a $4,8982 deficiency 1According to the May 29, 1998, order, liberal visitation includes every other weekend and every other holiday. 2The Form 4549, Income Tax Examination Changes, attached to the notice of deficiency for taxable year 2001 shows that respondent applied a $4,489 overpayment from a subsequent tax year against petitioner’s 2001 deficiency.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011