Legal Opinion

George v. Commissioner

United States Tax Court

Decided December 19, 2012No. Docket Nos. 15083-10, 6116-11PublishedCited by 12 opinions

In January 2007, in compliance with a State court order, P executed a Form 8332 ("Release of Claim to Exemption for Child of Divorced or Separated Parents"), which stated that "I agree not to claim an exemption for" her daughter S.S. as a dependent for the years at issue. However, P believed the State court order to be improper, so on her income tax returns for each of 2007 and 2008, P claimed a dependency exemption deduction and a child tax credit for S.S.

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In January 2007, in compliance with a State court order, P executed a Form 8332 ("Release of Claim to Exemption for Child of Divorced or Separated Parents"), which stated that "I agree not to claim an exemption for" her daughter S.S. as a dependent for the years at issue. However, P believed the State court order to be improper, so on her income tax returns for each of 2007 and 2008, P claimed a dependency exemption deduction and a child tax credit for S.S. P's former spouse also claimed S.S. as a dependent for those years and attached the executed Form 8332 to his tax returns. Held: The Form…

1Opinion of the Court

OPINION

GUSTAFSON, Judge:

The Internal Revenue Service (IRS) determined deficiencies of $1,510 and $2,414 in petitioner Rachel George’s 2007 and 2008 Federal income tax. Ms. George petitioned this Court pursuant to section 6213(a) 1 to redetermine those deficiencies. The cases are now before the Court on the Commissioner’s motion for partial summary judgment pursuant to Rule 121; and the motion addresses all the issues in docket No. 15083-10 and the principal issues in docket No. 6116-11. The issue now before us is whether Ms. George is entitled to a dependency exemption deduction and a child…

2Cases cited9 opinions

  1. Dahlstrom v. CommissionerUnited States Tax Court · 1985
  2. Breman v. CommissionerUnited States Tax Court · 1976
  3. Miller v. CommissionerUnited States Tax Court · 2000
  4. Lovejoy v. CommissionerCourt of Appeals for the Tenth Circuit · 2002
  5. King v. Comm'rUnited States Tax Court · 2003

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Adams-Smyrichinsky v. SmyrichinskyKentucky Supreme Court · 2015
  2. Dodge v. SturdevantAlaska Supreme Court · 2014
  3. Rodney P. Walker v. CommissionerUnited States Tax Court · 2018
  4. Hillard v. KeatingCourt of Appeals of Kentucky · 2018
  5. Armstrong v. Comm'rUnited States Tax Court · 2012

7 more not listed; retrieve them via the Exa API.

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