- 8 - children generally is entitled to claim the dependency exemption deduction unless the parent having custody elects to release the exemption deduction for the children in his or her custody and supplies a written release to that effect. Implicit in section 152(e) is that the custodial parent has the discretion and right to decide whether the dependency exemption deduction is to be released to the noncustodial parent. In this case, Mrs. Crowell was adamant in her testimony that she did not consent to a release of the dependency exemption deductions to her former spouse, Mr. Crowell, for 11 years, including the years at issue. It is patently clear to the Court, therefore, that Mrs. Crowell did not intend to release the dependency exemption deductions to Mr. Crowell for the 11 years following the year 1995. The Form 8332, moreover, is suspect in the sense that it purportedly releases the dependency exemptions of the four children to years that extend well beyond the age at which most of the children would ordinarily qualify as dependents. For example, in the year 2006, the last year listed on Form 8332, Cody would be 29 years old, David would be 23 years old, and Ben would be 20 years old. Only Beth would be 16 years old and likely could still be an eligible dependent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011