Michael Kevin and Vickie P. Boltinghouse - Page 5

                                        - 5 -                                         
          152(e)(2).  For the exception to apply, the custodial parent must           
          sign a written declaration releasing his or her claim to the                
          deduction, and the noncustodial parent must attach the                      
          declaration to his or her tax return.  Id.  A written declaration           
          releasing a taxpayer’s claim to a dependency exemption deduction            
          may apply to one year, a set number of years, or all future                 
          years.  Sec. 1.152-4T(a) Q&A-4, Temporary Income Tax Regs., 49              
          Fed. Reg. 34459 (Aug. 31, 1984).                                            
               Language in a divorce decree purportedly giving a taxpayer             
          the right to an exemption deduction does not entitle the taxpayer           
          to the deduction in the absence of the signed written declaration           
          required by section 152(e)(2).  Miller v. Commissioner, 114 T.C.            
          184 (2000), affd. on another ground sub nom. Lovejoy v.                     
          Commissioner, 293 F.3d 1208 (10th Cir. 2002).  To meet the                  
          requirements of section 152(e)(2), the written declaration, if              
          not made on the official form provided by the Internal Revenue              
          Service, “shall conform to the substance of such form.”  Sec.               
          1.152-4T(a) Q&A-3, Temporary Income Tax Regs., 49 Fed. Reg. 34459           
          (Aug. 31, 1984).  The form provided by the Service, Form 8332,2             
          calls for the following information:  The name of the child or              
          children; the applicable tax year or years; the custodial                   
          parent’s signature and the date of signature; the custodial                 


          2The Court takes judicial notice of Form 8332, Release of                   
          Claim to Exemption for Child of Divorced or Separated Parents,              
          available from the IRS.                                                     




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011