Antonio O. Neal - Page 6




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          Pursuant to a Stipulation and Order for Child Support (Order)               
          entered by the Circuit Court of Racine County, Wisconsin, on                
          November 10, 2000, Ms. Janecky was awarded primary custody, with            
          petitioner receiving visitation with the child, “at all                     
          reasonable times upon prior notice to the mother.”  According to            
          his arrangement with Ms. Janecky, petitioner had custody of                 
          A.V.N. every other weekend, and throughout the entire summer.               
          The record is inconclusive, however, as to where A.V.N. stayed              
          when the child visited petitioner during the year in issue.7                
               Petitioner provided financial support for A.V.N. when the              
          child stayed with him, including providing summer vacations,                
          trips, clothing, and food.  Pursuant to the Order, petitioner was           
          ordered to pay $26 per week in child support for A.V.N.                     
               The Order also provided that petitioner would be entitled to           
          claim a dependency exemption deduction for A.V.N. “every other              
          year * * * following the date of this document”.  Petitioner                
          claimed a dependency exemption deduction for A.V.N. in the year             
          at issue, but he did not attach a Form 8332, Release of Claim to            
          Exemption for Child of Divorced or Separated Parents,8 to his               
          2003 Federal income tax return.                                             


               7 Ms. Neal testified that A.V.N. stayed at the Zion                    
          residence, while petitioner indicated that the child was with him           
          at the Kenosha apartment during visits.                                     
               8 The record is silent as to whether petitioner and Ms.                
          Janecky were ever married.                                                  





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