- 7 - agreed not to claim the exemption and did not state the years in which she would release the claim to the dependency exemption deduction. Id. While the custodial parent also did not include her Social Security number, that omission was not a determinative factor. We emphasized the lack of the custodial parent’s explicit statement not to claim the dependency exemption deduction. Id. In this case, Form 8332 includes an explicit statement that petitioner would not claim dependency exemption deductions for specific years. Petitioner further argues that Form 8332 is not valid because it was not her intent to waive the dependency exemption deductions from 1994 to 2013. Mr. DiGuilio testified that while the form contained the future dates from 1995 to 2013, he and petitioner intended for him to claim the dependency exemption deductions until petitioner began working. As to the taxable year 1998, petitioner argues that the form was inoperative because she had begun working. The pre-1985 version of the allocations of the dependency exemption deduction was “often subjective and [presented] difficult problems of proof and substantiation”. H. Rept. 98-432 (Part II), at 1498 (1984). In order to provide more certainty, Congress amended section 152(e) to “[allow] the custodial spouse the exemption unless that spouse waives his or her right to claim the exemption. Thus, dependency disputes between parents will bePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011