Michael R. Loffer - Page 5




                                        - 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