Legal Opinion

Michael Keith Shenk v. Commissioner

United States Tax Court

Decided May 6, 2013No. 5706-12Published

1Opinion of the Court

140 T.C. No. 10

UNITED STATES TAX COURT MICHAEL KEITH SHENK, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 5706-12. Filed May 6, 2013. P was divorced from his wife, and their 2003 “Judgment of Absolute Divorce” provided that his ex-wife would have primary residential custody of their three minor children. The judgment provided that the dependency exemption deductions for the three children would be divided between the two ex-spouses according to various conditions but did not provide that the ex-wife must execute in P’s favor a Form 8332, “Release of Claim to Exemption…

2Cases cited3 opinions

  1. Miller v. CommissionerUnited States Tax Court · 2000
  2. Lovejoy v. CommissionerCourt of Appeals for the Tenth Circuit · 2002
  3. Shenk v. CommissionerUnited States Tax Court · 2013

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