Virgil Cato - Page 7




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          there is a multiple-support agreement between the parties as                
          provided in section 152(c); or (3) pursuant to section 152(e)(4),           
          there is a qualified pre-1985 instrument providing that the                 
          noncustodial parent shall be entitled to any deduction allowable            
          under section 151 for such child, provided that certain other               
          requisites, not pertinent here, are met.                                    
               None of the exceptions applies to this case.  A multiple-              
          support agreement was not in effect; the decree of divorce was              
          executed after 1984; and Ms. Cato did not release her claim to              
          the exemptions.  In 1998, Ms. Cato did not sign a Form 8332,                
          Release of Claim to Exemption for Child of Divorced or Separated            
          Parents, or any similar statement substantially in the form of a            
          Form 8332, to release to petitioner her right to claim deductions           
          for certain dependency exemptions.  Petitioner did not attach a             
          Form 8332 or anything substantially similar to his Federal tax              
          return for 1998.  See Miller v. Commissioner, supra.                        
               Petitioner is unable to show that he complied with the                 
          requirements of section 152; thus, the Court sustains                       
          respondent's determination that petitioner is not entitled to the           
          dependency exemption deductions for Shayla and Kevin in 1998.               
          2.  Child Tax Credit                                                        
               Respondent determined that petitioner is not entitled to               
          claim child tax credits on his 1998 return because he is unable             
          to substantiate that any one of his and Ms. Cato’s children was a           
          “child” as defined in section 151.                                          







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