- 18 - In Neal, the taxpayer, a noncustodial parent who had claimed dependency exemptions for all three of his children on his Federal income tax returns for the years at issue, supported his claim to the exemptions by attaching Forms 8332 (one for each child) and copies of the Decree of Dissolution and a State court order amending the decree. The decree as amended by the related order granted him the right to claim the dependency exemption for one of his children but was silent with respect to the other two children. The Forms 8332 were not signed by the custodial parent. He made no effort to obtain the signature of the custodial parent on the Forms 8332 or on any other document that might qualify as their substantive equivalent. The taxpayer in Neal relied on publications of the IRS which, he claimed, required only that the noncustodial parent attach to his returns a copy of the decree or order granting him the right to claim the dependency exemption for his child. The publications were not introduced into evidence. Based on certain testimony in the case, we assumed without deciding that the IRS’s publications required the custodial parent to sign the pertinent decree or agreement. We concluded that, since neither the Forms 8332 nor the decree and order were signed by the custodial parent, the taxpayer did not satisfy the requirements of section 152(e)(2). Unlike the taxpayer in Neal, Mr. Lovejoy does not rely on any IRS publication to support his claim to the dependencyPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011