Shawn A. Finnegan - Page 3




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          section references are to the Internal Revenue Code in effect for           
          the year in issue, and all Rule references are to the Tax Court             
          Rules of Practice and Procedure.                                            
               Respondent determined a deficiency in petitioner’s Federal             
          income tax for the year 2003 in the amount of $1,363.  The issue            
          for decision is whether petitioner is entitled to claim a                   
          dependency exemption and a child tax credit for the taxable year            
          2003, pursuant to sections 151 and 24, respectively.                        
                                     Background                                       
               The stipulation of facts and the attached exhibits are                 
          incorporated herein by reference.  At the time the petition was             
          filed, petitioner resided in Reedsburg, Wisconsin.                          
               Petitioner is employed as a police officer with the Sauk               
          County, Wisconsin, Sheriff’s Office.  Petitioner was involved in            
          a relationship with Jessica K. Dykstra for an unspecified period            
          of time prior to 1997.  They were never married.  In 1997, Ms.              
          Dykstra gave birth to a male child, M.F.1                                   
               In 2000, Ms. Dykstra initiated a paternity action against              
          petitioner in the Circuit Court, Family Court Branch, Columbia              
          County, Wisconsin (Family Court).  As part of that action, the              
          Family Court adjudged petitioner to be the father of M.F.,                  
          according to his admission of paternity in open court.  Pursuant            
          to a Judgment on Default (judgment) entered against Ms. Dykstra,            


               1 The Court uses initials when referring to a minor child.             





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