Tommie and Felecia Vernell Wilder - Page 3

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               Respondent determined a deficiency of $2,914 in petitioners’           
          2002 Federal income tax.  After a concession by respondent,1 the            
          issues for decision are:  (1) Whether petitioners are entitled to           
          dependency exemption deductions for petitioner husband’s son and            
          daughter, and (2) whether respondent is estopped from disallowing           
          the claimed dependency exemption deductions.                                
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          Petitioners are married and resided in Westland, Michigan, at the           
          time their petition was filed.  Unless otherwise indicated, all             
          references to petitioner are to Tommie Wilder.                              
               Petitioner and Sharon Williams have two children, their son            
          BW and daughter TW (collectively, “the children”).2  Petitioner             
          and Ms. Williams were never married and did not live together in            
          2002.  The children lived with Ms. Williams during that year,               
          although petitioner provided most of the children’s support.                
               Petitioners claimed the children as dependents on their                
          joint 2002 Federal income tax return.  Petitioners did not attach           
          to their return a Form 8332, Release of Claim to Exemption for              
          Child of Divorced or Separated Parents, executed by Ms. Williams.           


               1 Petitioners claimed dependency exemption deductions for              
          four children. Respondent concedes petitioners are entitled to              
          such deductions for two of the children.                                    
               2 Petitioner’s son is a minor.  Although the record is not             
          entirely clear, it appears petitioner’s daughter may also be a              
          minor.  We therefore use only the children’s initials.                      




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