Joann Bramante - Page 7




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            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 be                          






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