Neil J. Norman - Page 3




                                        - 2 -                                         
          this opinion shall not be treated as precedent for any other                
          case.                                                                       
               This case is before the Court on a petition for judicial               
          review of a notice of deficiency.  The issues for decision are              
          whether petitioner is entitled to two dependency exemption                  
          deductions and a child tax credit.                                          
                                     Background                                       
               Some of the facts have been stipulated by the parties.  The            
          stipulations, with accompanying exhibits, are incorporated herein           
          by this reference.  At the time the petition was filed petitioner           
          resided in Malad City, Idaho.                                               
               Petitioner has two daughters, JN1 and JN2.2  Petitioner                
          divorced his former spouse, the mother of his two daughters, by a           
          Judgment and Decree of Divorce issued by the District Court of              
          the Fifth Judicial District of Montana, Madison County, on May 5,           
          1993.  The Judgment and Decree of Divorce provided that                     
          petitioner’s former spouse was the custodial parent, but “as long           
          as * * * [petitioner] remains current on his child support                  
          obligations, he shall be entitled to both children as exemptions            
          for tax purposes.  Should he become delinquent, the * * *                   
          [petitioner’s former spouse] may claim both children.”  For                 



               2The Court will refer to the minor children by their                   
          initials and numbers 1 for the older daughter and 2 for the                 
          younger daughter as their initials are the same.                            





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