- 8 - 1. Petitioner Was Not the Custodial Parent in 2003 Petitioner and Ms. Woodworth share custody of Nathan and Lila; however, the divorce decree indicates that Ms. Woodworth has custody for the greater portion of the calendar year. Accordingly, Ms. Woodworth was the custodial parent for purposes of section 152(e). See sec. 1.152-4(b), Income Tax Regs. Petitioner credibly testified that Nathan and Lila often spent time in his home in addition to the visits specified in the divorce decree. Petitioner estimated that each child lived with him and his wife for approximately 5 to 6 months in 2003, with the remainder of the time spent at Ms. Woodworth’s residence. Petitioner conceded, however, that his estimates were “very approximate” because he did not have “a clear record [of] * * * how many days [or] which days” the children spent with him. Assuming arguendo that the divorce decree does not establish Ms. Woodworth as the custodial parent, petitioner has not demonstrated that he was the custodial parent in 2003. Petitioner introduced no records to support his estimates and acknowledged he could not remember exactly how much time his children spent with him in 2003. Even if we accepted the accuracy of petitioner’s estimates, the time Nathan and Lila spent with him would not constitute “a greater portion of the calendar year”. Sec. 152(e)(1) (flush language). We thereforePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011