- 3 - weekends. The parties agree that Dr. Keene was the custodial parent of the minor children at issue during the taxable year 2004. Pursuant to the Marital Settlement Agreement, the Judgment ordered that petitioner pay 29 percent of his income to Dr. Keene as child support. With respect to the issue of which parent would claim the child dependency exemptions, the Judgment, in pertinent part, provides as follows: SECTION VII. TAXES. A. The petitioner, Richard Keene * * * shall have the right to claim the child A.K. * * * as a dependent for federal and state income tax purposes provided that one or both parents fulfill the tax code requirements for claiming a dependency exemption. Petitioner’s right to claim the child as a dependent is dependent upon him being current and in compliance with the support provisions of this agreement. * * * * * * * The petitioner shall alternate the right to claim M.K. as a dependent for federal and state income tax purposes provided that one or both parents fulfill the tax code requirements for claiming the dependency exemption. Petitioner shall claim M.K. in even numbered years. Petitioner paid $14,891.25 in child support to Dr. Keene in 2004. This total comports with the amount that petitioner was ordered to pay (29 percent of income) in the underlying Judgment. Petitioner timely filed his 2004 Federal income tax return claiming dependency exemptions with respect to the minor children, A.K. and M.K., and two child tax credits. Petitioner attached to his 2004 Federal income tax return a Form 8332,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008