- 3 - lived with petitioner during the year at issue.2 The two other children lived with petitioner’s former spouse during the year at issue, and the principal issue in this case is petitioner’s claims to the dependency exemption deductions for the two children and the child tax credit. Petitioner claims entitlement to the dependency exemption deductions based on an order by the State court that granted his divorce. Generally, that order provided that petitioner was entitled to the dependency exemption deductions for the children as to any year during which his former spouse only was employed part time. Respondent does not challenge the fact that petitioner’s former spouse was employed part time during the year at issue, and petitioner would be entitled to the dependency exemption deductions except for the fact that petitioner has not satisfied the requirements of section 152(e)(2). Generally, section 151(c) allows a taxpayer to deduct an annual exemption amount for each dependent, as defined in section 152. Under section 152(a), the term “dependent” means, in pertinent part, a son or daughter of the taxpayer over half of whose support was received from the taxpayer. Sec. 152(a)(1). In the case of a child of divorced parents, section 152(e)(1) provides in pertinent part that, if a child receives 2 The record does not reflect whether respondent conceded the child tax credit with respect to that dependent.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007