- 3 - custody order left the details regarding custody on holidays and school vacations up to petitioner and Mrs. Jenkins to work out on their own. The terms of the custody order provide that as long as Mrs. Jenkins lives in Henry County, her home will be the children’s primary residence. The custody order also provides that if Mrs. Jenkins were to move into Clayton County from Henry County her home would still be the children’s primary residence. If Mrs. Jenkins were to move somewhere other than Henry County or Clayton County, the custody order states that petitioner’s home in Clayton County would become the children’s primary residence. Mrs. Jenkins lived in Henry County during all of 2002. There is no mention of dependency exemption deductions in either the divorce decree or the custody order. Petitioner claimed a dependency exemption deduction for one of his children on his 2002 Federal income tax return. Petitioner contends that this was done in accordance with an oral agreement he had with Mrs. Jenkins. Mrs. Jenkins claimed dependency exemption deductions for both children on her 2002 Federal income tax return. Respondent issued a notice of deficiency to petitioners for the year at issue on April 30, 2004. Petitioner asserts that he had actual physical custody of both children for a greater portion of 2002 than Mrs. Jenkins didPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011