Lawrence L. and Pamela J. Crane - Page 8




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          provide the Court with any evidence of these additional amounts             
          spent.  Moreover, and most importantly, petitioners could not               
          provide this Court with evidence of the amount of total support             
          expended on K.M. from all sources during the year in issue.  It             
          is, in fact, only this evidence that could prove that petitioners           
          did indeed provide more than half of K.M.’s support in the year             
          at issue, thus entitling them to claim a deduction for her under            
          section 152(e)(2)(A)(ii).                                                   
               Irrespective of the foregoing, petitioners maintain their              
          entitlement to the exemption deduction with respect to K.M.                 
          because of the terms of the aforementioned judgment giving Mr.              
          Crane the right to claim K.M. as a dependent so long as “he is              
          current in his child support obligations.”  The record is silent            
          as to any evidence contrary to the fact that, during the year in            
          issue, Mr. Crane was compliant with his support obligations;                
          however, although the judgment provides that Mr. Crane is                   
          entitled to the dependency exemption in 2002 for K.M., is it well           
          settled that State courts, by their decisions, cannot determine             
          issues of Federal tax law.  See Commissioner v. Tower, 327 U.S.             
          280 (1946); Miller v. Commissioner, 114 T.C. 184 (2000).                    
          Unfortunately, irrespective of what is contained in the judgment            
          as to Mr. Crane’s right to claim a dependency exemption for K.M.,           
          the law is clear that petitioners are entitled to a dependency              
          exemption in the 2002 taxable year if, and only if, they are in             







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