George Ray Flanigan - Page 10

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          such written declaration.  Further, the record does not indicate            
          that petitioner obtained a Form 8332 from Ms. Flanigan.  At                 
          trial, petitioner testified, with respect to Form 8332, that he             
          never signed or obtained such a form.  Because petitioner, the              
          noncustodial parent, did not meet the requirements of the                   
          Internal Revenue Code, he cannot fall within the exception                  
          provided in section 152(e)(2).  Since petitioner fails to meet              
          the requirements of the support test, the Court need not address            
          the other factors.  Accordingly, the Court holds that petitioner            
          is not entitled to dependency exemption deductions for his two              
          children for 2003.                                                          
          III.  Child Tax Credit                                                      
               For 2003, petitioner claimed a child tax credit with respect           
          to his two children in the amount of $1,000.  Respondent asserts            
          that petitioner is not entitled to the child tax credit because             
          all of the unallocated family support payments that petitioner              
          made are alimony and not child support.  Petitioner argues that             
          the unallocated family support payments, as well as the expenses            
          for medical and dental insurance for the two children, entitle              
          him to the child tax credit.  We disagree.                                  
               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                






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