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The tax court disallows a double deduction on dueling dependency claims
Oleh:
Pirrone, Maria
Jenis:
Article from Proceeding
Dalam koleksi:
American Society of Business and Behavioral Sciences (ASBBS) Proceedings: Feb 2014; Vol. 21 (1)
,
page 555-559.
Fulltext:
51 - ASBBS 2014 - p555.pdf
(415.24KB)
Isi artikel
In Shenk v Commissioner, 140 T.C. 10, the Tax Court ruled that a noncustodial parent who did not attach a proper dependency exemption release to his return from the custodial parent was not entitled to claim a deduction. The Tax Court looked to the Internal Revenue Code to determine which parent was entitled to claim a dependency exemption that appeared on both parents’ tax return. The noncustodial parent insisted on looking at the state court order to determine eligibility. According to the Code, a child may be treated as a qualifying child of the noncustodial parent if the custodial parent releases the claim to the exemption for the child and the noncustodial parent attaches the release to the return. The taxpayer claimed entitlement pursuant to a provision in the divorce decree. The Tax Court reasoned that the Internal Revenue Code determines the eligibility of the deduction, not the state court order.
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