- 5 - section 152(e)(2)(A) must be made either on Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or on a statement conforming to the substance of that form. Id.; Miller v. Commissioner, 114 T.C. 184, 189 (2000). In the present case, Ms. Clay, as the custodial parent, did not sign Form 8332 or any written declaration or statement agreeing not to claim an exemption for Junior, 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 a deduction for a dependency exemption for Junior for 1997. Sec. 152(e)(1); Miller v. Commissioner, supra. Section 1(b) imposes a special tax rate on individuals filing as “heads of households”. “Head of household” is defined in section 2(b) as an unmarried individual whose household is maintained as the principal place of abode for specific family members. If petitioner provided over half the cost of maintaining as his home a household that for more than one-half the year was either of his sons’ principal place of abode, he meets the head of household definition in section 2(b)(1). Petitioner has not demonstrated that he maintained such a household. If petitioner lived with Ms. Pearson at the Shoreline Drive residence he would not be eligible for head of householdPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011