- 5 - that the custodial parent will not claim the child as a dependent and the noncustodial parent attaches the declaration to the noncustodial parent's return. The declaration required by 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. Sec. 152(e)(2); Miller v. Commissioner, 114 T.C. 184, 189 (2000). In the present case, Mrs. Chandler, as the custodial parent, did not sign Form 8332 or any written declaration or statement agreeing not to claim an exemption for Grant, 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 Grant for 1998. See sec. 152(e)(1); Miller v. Commissioner, supra.2 2. Child Tax Credit Respondent determined that petitioner is not entitled to claim the child tax credit on his 1998 return because he is 2 The Court notes that even if it was determined that petitioner is not Grant's father, the outcome of this case would not differ. In that case, petitioner would not be entitled to a dependency exemption deduction for Grant because in 1998 Grant's principal place of abode was not petitioner's home and Grant was not a member of petitioner's household. Sec. 152(a)(9).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011