Jose Antonio Rios - Page 6




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          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).                    





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