- 5 -
of the noncustodial parent to whom the exemption is released. A
properly completed and filed Form 8332 will entitle a
noncustodial parent to the related dependency exemption. A
written statement attached to the noncustodial parent’s tax
return other than a Form 8332 that conforms to the substance of
Form 8332 will also be sufficient to release the dependency
exemption to the noncustodial spouse and entitle the noncustodial
spouse to claim the exemption. Sec. 1.152-4T(a), Q&A-3,
Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984).
A taxpayer may also be entitled to a tax credit with respect
to a child if, among other requirements, the taxpayer is entitled
to a dependency exemption with respect to the child and the child
is under the age of 17 at the close of the calendar year for
which the tax credit is claimed. Sec. 24(c)(1)(A) and (B).
With respect to Samantha, petitioner did not attach to his
1998 individual Federal income tax return a Form 8332.
Petitioner argues, however, that the copy of the divorce decree
that he did attach to his 1998 individual Federal income tax
return substantially conforms to the substance of Form 8332 and
should satisfy the written declaration requirement of section
152(e)(2). Petitioner therefore maintains that he is entitled to
the dependency exemption and to the tax credit with respect to
Samantha.
Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011