- 3 - petitioner’s mother in Fort Valley, Georgia,1 rather than returning to petitioner’s apartment in Tallahassee, Florida. For 12 weeks during the summer, I.T.D.S. lived with petitioner at petitioner’s apartment in Tallahassee and spent approximately two weekends per month with Ms. Gibson at her home in Georgia. During 2003, the State of Florida withheld $3,143.92 from petitioner’s paychecks for child support payments to Ms. Gibson. The State of Florida continued to withhold child support payments during the 12 weeks of the summer when I.T.D.S. stayed with petitioner. During 2004 petitioner began a legitimization proceeding to support his claim for custody of I.T.D.S. in the event I.T.D.S. was ever removed from Ms. Gibson’s home. Petitioner and Ms. Gibson do not have an agreement regarding who may claim I.T.D.S. as a dependent, and both petitioner and Ms. Gibson claimed I.T.D.S. as a dependent and as a qualifying child for purposes of the earned income credit.2 Petitioner also claimed a section 21 child care credit and a section 24 child tax credit on his 2003 tax return. Respondent determined that petitioner was not entitled to a dependency exemption, child care credit, child tax credit, and earned income credit and sent 1Ms. Gibson and petitioner’s mother both resided in the town of Fort Valley, Georgia, during the year in issue. 2Petitioner did not attach to his a return a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or similar written declaration signed by Ms. Gibson releasing her claim to the exemption.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011