Jorge Maliabo Balumba - Page 7

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                         (3) the taxpayer contributed over 10 percent                 
                    of such support; and                                              
                         (4) each person described in paragraph (2)                   
                    (other than the taxpayer) who contributed over 10                 
                    percent of such support files a written                           
                    declaration (in such manner and form as the                       
                    Secretary may by regulations prescribe) that he                   
                    will not claim such individual as a dependent for                 
                    any taxable year beginning in such calendar year.                 
               Petitioner has failed to demonstrate that no one person                
          contributed over half of the support for FM or MM in 2004.                  
          Furthermore, neither petitioner’s mother nor any other member of            
          his family filed a written declaration allowing petitioner to               
          claim FM or MM as a dependent.  Accordingly, we conclude there              
          was no multiple support agreement with respect to FM or MM.  See            
          sec. 152(c)(1), (4).  Petitioner therefore is not entitled to the           
          claimed deductions, and respondent’s determination is sustained.            
          II.  Child Tax Credits                                                      
               Section 24(a) provides for a “credit against the tax * * *             
          for the taxable year with respect to each qualifying child of the           
          taxpayer”.  The term “qualifying child” means any individual if             
          three requirements are met, one of which is that the taxpayer be            
          allowed a deduction under section 151 with respect to such                  
          individual for the taxable year.  Sec. 24(c)(1).  Because we                
          conclude that petitioner is not entitled to a dependency                    
          exemption deduction with respect to FM or MM, they are not                  







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