George Ray Flanigan - Page 11

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          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 petitioner is not allowed a deduction with respect to            
          his two children as dependents under section 151, it follows that           
          they are not qualifying children.  In the absence of a qualifying           
          child in 2003, and irrespective of whether the court-ordered                
          unallocated family support payments include child support as well           
          as the medical and dental insurance on behalf of the two minor              
          children, petitioner is not entitled to claim a child tax credit.           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   

                                                  Decision will be entered            
                                              under Rule 155.                         




















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