Lawrence L. and Pamela J. Crane - Page 9




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          compliance with section 152.  As previously stated, petitioners             
          have failed to meet this requirement.  Accordingly, the Court               
          concludes that pursuant to section 152, petitioners are not                 
          entitled to claim a dependency exemption with respect to K.M. in            
          taxable year 2002.                                                          
               Finally, and with respect to the child tax credit                      
          petitioners claimed for K.M. in 2002, section 24(a) authorizes a            
          child tax credit with respect to each qualifying child of the               
          taxpayer.  The term “qualifying child” is defined in section                
          24(c).  A “qualifying child” means an individual with respect to            
          whom the taxpayer is allowed a deduction under section 151, who             
          has not attained the age of 17 as of the close of the taxable               
          year, and who bears a relationship to the taxpayer as prescribed            
          by section 32(c)(3)(B).  Sec. 24(c)(1).                                     
               Since petitioners are not allowed a deduction with respect             
          to K.M. under section 151, it follows that, for the year in                 
          issue, she is not a qualifying child.  Consequently, irrespective           
          of language in the judgment to the contrary, petitioners are not            
          entitled to claim a child tax credit for K.M. in 2002.                      

                                                  Decision will be entered            
                                              for respondent.                         


                                                                                     








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