Richard G. Keene - Page 7




                                        - 6 -                                         
          half of whose support for the calendar year was received from the           
          taxpayer.  Section 152(e) carves out a special exception to the             
          aforementioned in the case of parents who are divorced or                   
          separated.  Simply put, section 152(e) provides that the parent             
          having legal custody of the child (a.k.a. the custodial parent)             
          at issue is entitled to claim the dependency exemption deduction            
          for that child unless the custodial parent has validly executed a           
          written release of his or her right to claim the deduction as the           
          custodial parent of record.  Sec. 152(e)(1) and (2).                        
               The parties agree, and the record is clear, that petitioner            
          was not the custodial parent of either A.K. or M.K. during the              
          year in issue.  Accordingly, our only inquiry is whether Dr.                
          Keene validly executed a release of her right to claim the                  
          deduction as the custodial parent of record.                                
               Petitioner argues his entitlement to the dependency                    
          exemption deductions because the aforementioned Judgment affords            
          him the right to claim A.K. as a dependent so long as he is                 
          current in his child support and health insurance obligations,              
          and gives him the right to claim M.K. in even years, again, so              
          long as he is current in his child support and health insurance             
          obligations.  The record is silent as to any evidence contrary to           
          the fact that, during the year in issue, petitioner was compliant           
          with these obligations; however, although the Judgment and the              
          oral decision of the circuit court provide that petitioner is               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: March 27, 2008