- 5 - a completed Form 8332 or otherwise conform to the substance of Form 8332. Sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., supra. The exemption may be released for a single year, for a number of specified years, or for all future years, as specified in the declaration. Sec. 1.152-4T(a), Q&A-4, Temporary Income Tax Regs. Petitioner attached a statement and “a copy of the applicable pages of the divorce decree” to his 1999 income tax return. Petitioner, the noncustodial parent, claimed the dependency exemptions for his minor children for the year in issue pursuant to a provision in the divorce decree, which stated that petitioner “is awarded the tax deduction for the children for which support is being paid until such time as Respondent [Ms. Burke] can provide evidence that her direct contribution to their support exceeds that of Petitioner, determination to be based on IRS guidelines.” Petitioner claims that his statement (including the attachment) constitutes a declaration which conforms to the substance of Form 8332. Respondent’s position is that the statement does not conform to the substance of Form 8332. We agree with respondent. We hold that petitioner is not entitled to claim the exemptions in question because the statement does not state unconditionally that Ms. Burke will not claim the children asPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011