- 11 - whom the taxpayer is allowed a 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 was not allowed a deduction with respect to either A.K. or M.K. under sections 151 and 152, it follows that, for the year in issue, neither A.K. nor M.K. is a qualifying child. Consequently, irrespective of language in the Judgment to the contrary, petitioner is not entitled to claim a child tax credit for either A.K. or M.K. in 2004. Finally, petitioner asks us to disregard the foregoing legal analysis and respondent’s determination, in the light of facts that show his ex-wife’s failure to comply with the provisions of the Judgment. While there is no doubt in our mind that Dr. Keene failed to sign the Form 8332 when requested to do so, and that petitioner was in compliance with the terms of the Judgment for taxable year 2004 (thus entitling him to enforce those provisions of the Marital Settlement Agreement with respect to the entitlement for the dependency exemption) the Tax Court is not a court of equity, and we cannot intervene in matters beyond our jurisdiction. Scarangella v. Commissioner, T.C. Memo. 1969-13, affd. per curiam 418 F.2d 228 (3d Cir. 1969). Accordingly, respondent’s determination in this matter is sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008