Shawn A. Finnegan - Page 4




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          the Family Court ordered that with respect to the issue of the              
          dependency exemption for M.F., petitioner be awarded the tax                
          dependency exemption for M.F., provided that he was in compliance           
          with his obligation to maintain health insurance for the child              
          and current in his child support payments, as provided under the            
          judgment.                                                                   
               During all taxable years since the child’s birth, including            
          the taxable year in issue, M.F. has resided with Ms. Dykstra.               
          Petitioner resides approximately 1 hour away from M.F. and has              
          parenting time with him approximately once or twice a month.                
               Petitioner paid $4,852.26 in child support to Ms. Dykstra in           
          2003.  This total comports with the amount that petitioner was              
          ordered to pay in the underlying judgment.                                  
               On his 2003 Federal income tax return, petitioner claimed              
          the dependency exemption deduction and a child tax credit with              
          respect to and for M.F.  In the notice of deficiency, respondent            
          explained that he was disallowing petitioner’s claimed exemption            
          for M.F. on the grounds that another taxpayer had also claimed              
          the dependency exemption for M.F. for the 2003 taxable year.                
          Accordingly, respondent disallowed the exemption with respect to            
          M.F. and correspondingly disallowed petitioner’s claimed child              
          tax credit.                                                                 
               Subsequent to his receiving the notice of deficiency,                  
          petitioner was made aware of Form 8332, Release of Claim to                 







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