- 7 - Security number of the parent claiming the exemption. Id. at 190. In the present case, petitioner and Ms. Brissett have joint legal and physical custody of Jacquelynne and Dominic under the terms of the separation agreement. However, for purposes of section 152(e), the parent having custody for a greater portion of the calendar year–-Ms. Brissett in this case--is deemed to be the custodial parent. Petitioner, as the noncustodial parent for purposes of section 152(e), was not entitled to the claimed dependency exemptions unless he complied with the provisions of section 152(e)(2) and the regulations thereunder by attaching to his return a written declaration or Form 8332 executed by Ms. Brissett. Petitioner did not attach such a declaration or Form 8332 to his return, and accordingly, he is not entitled to the deduction for dependency exemptions for Jacquelynne and Dominic for the 2000 taxable year. Petitioner nevertheless argues that he is current in his child support obligation and that, under the terms of the separation agreement, he is entitled to the deduction for dependency exemptions. We are not unsympathetic to petitioner’s position. However, we are bound by the language of the statute as it is written and the accompanying regulations, when consistent therewith. Michaels v. Commissioner, 87 T.C. 1412, 1417 (1986). The Internal Revenue Code is clear as to thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011