Legal Opinion · Dissent

Billy Edward Armstrong and Phoebe J. Armstrong v. Commissioner

United States Tax Court

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

1DissentHolmes, J.

Armstrong promised to pay child support to his ex-wife, Ms. Delaney. Ms. Delaney agreed to let him claim the dependency exemption for one of their two children if he did. Mr. Armstrong paid the child support on time and in full throughout 2007. Ms. Delaney refused to sign the required IRS form that would have proved his claim. The Commissioner then rejected his claim, even though Mr. Armstrong had attached a copy of the arbitration award spelling out the deal to his 2007 return. Mr. Armstrong later produced undisputed evidence — a state-court order — that Ms. Delaney had signed off on the…

2Cases cited24 opinions

  1. Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
  2. United States v. National Bank of CommerceSupreme Court of the United States · 1985
  3. New York Trust Co. v. EisnerSupreme Court of the United States · 1921
  4. Judulang v. HolderSupreme Court of the United States · 2011
  5. Niedringhaus v. CommissionerUnited States Tax Court · 1992

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