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child support guideline computation for the State of Oklahoma.
In the calendar year 2003, both children resided with petitioner
for 139 days and with their mother for 226 days.
Petitioner claimed a dependency exemption and child tax
credit for his minor child on his Federal income tax return for
the taxable year 2003. Petitioner’s ex-spouse did not sign an
Internal Revenue Service (IRS) Form 8332, Release of Claim to
Exemption for Child of Divorced or Separated Parents, for the
taxable year 2003. Petitioner did not affix any other written
declaration to his 2003 Federal income tax return that conformed
to the substance of a Form 8332.
In December 2005, respondent issued a $1,363 notice of
deficiency to petitioner with respect to the dependency exemption
and child tax credit claimed for the taxable year 2003.
Petitioner timely petitioned this Court for redetermination.
OPINION
Section 151 provides a tax exemption as a deduction in
computing taxable income for a taxpayer’s dependents. Section
152(a) defines “dependent” to include the son or daughter of a
taxpayer, for whom the taxpayer furnished more than one-half the
support for the calendar year in which the taxable year begins.
Section 24 provides a credit against income tax for each
qualified child of a taxpayer who is under 17 years of age and
for whom the taxpayer may claim a deduction under section 151.
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Last modified: November 10, 2007