Phil E. Anderson - Page 8




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          substance of that form.  Id.; Miller v. Commissioner, 114 T.C.              
          184, 189 (2000).  “The exemption may be released for a single               
          year, for a number of specified years (for example, alternate               
          years), or for all future years, as specified in the                        
          declaration.”  Sec. 1.152-4T(a), Q&A-4, Temporary Income Tax                
          Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984).                                  
               In the present case, Ms. Allison, as the custodial parent,             
          did not sign Form 8332 or any written declaration or statement              
          agreeing not to claim exemptions for any of the five children,              
          and no such form, declaration, or statement was attached to                 
          petitioner’s return for the year in issue.  It follows,                     
          therefore, that the exception set forth in section 152(e)(2) does           
          not apply and that the general rule of section 152(e)(1) does               
          apply.  Accordingly, petitioner is not entitled to deductions for           
          dependency exemptions for any of his five children for 1998.                
          Sec. 152(e)(1); Miller v. Commissioner, supra.                              
               In view of the foregoing, we sustain respondent’s                      
          determination on this issue.                                                
               B.  Child Tax Credit and Additional Child Tax Credit                   
               Section 24(a) authorizes a child tax credit with respect to            
          each “qualifying child” of the taxpayer.  Section 24(d)                     
          authorizes an additional child tax credit for families with three           
          or more “qualifying” children.                                              








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