Legal Opinion

Armstrong v. Comm'r

United States Tax Court

Decided December 19, 2012No. Docket No. 28738-09Published

P-H was divorced, and his ex-wife had custody of their son C.E. A May 2003 arbitration award, a June 2003 State court order, and a March 2007 State court order provided that P-H would be entitled to the dependency exemption for C.E. (and the March 2007 order explicitly required his ex-wife to execute in his favor a Form 8332, "Release of Claim to Exemption for Child of Divorced or Separated Parents"), on the condition that P-H pay child support for C.E.

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P-H was divorced, and his ex-wife had custody of their son C.E. A May 2003 arbitration award, a June 2003 State court order, and a March 2007 State court order provided that P-H would be entitled to the dependency exemption for C.E. (and the March 2007 order explicitly required his ex-wife to execute in his favor a Form 8332, "Release of Claim to Exemption for Child of Divorced or Separated Parents"), on the condition that P-H pay child support for C.E. P-H paid the full amount of child support throughout 2007, but his ex-wife failed to provide the executed Form 8332. P-H remarried. Ps timely…

1Opinion of the Court

BILLY EDWARD ARMSTRONG AND PHOEBE J. ARMSTRONG, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Armstrong v. Comm'r

Docket No. 28738-09.

United States Tax Court

139 T.C. 468; 2012 U.S. Tax Ct. LEXIS 45; 139 T.C. No. 18;

December 19, 2012, Filed

Decision will be entered for respondent with regard to the deficiency and for petitioners with regard to the accuracy-related penalty.

P-H was divorced, and his ex-wife had custody of their son C.E. A May 2003 arbitration award, a June 2003 State court order, and a March 2007 State court order provided that P-H would be entitled to the dependency…

Also in this document: Concurrence; Dissent.

2Cases cited32 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  3. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  4. Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
  5. Neely v. CommissionerUnited States Tax Court · 1985

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