Rhonda Hope Hamilton - Page 7

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               The Internal Revenue Service prescribed Form 8332, Release             
          of Claim to Exemption for Child of Divorced or Separated Parents,           
          as the appropriate form in which the noncustodial parent may                
          satisfy the written declaration requirement of section 152(e)(2).           
          See Miller v. Commissioner, 114 T.C. 184, 190 (2000), affd. on              
          another ground sub nom. Lovejoy v. Commissioner, 293 F.3d 1208              
          (10th Cir. 2002); sec. 1.152-4T(a), Q&A-3, Temporary Income Tax             
          Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984).6  Mr. Hamilton failed            
          to provide a Form 8332 or any other documentation to establish              
          that Ms. Hamilton waived her right to the dependency exemption              
          deduction with respect to Rebecca.  We hold that Mr. Hamilton is            
          not entitled to the dependency exemption deduction with respect             
          to Rebecca.  See McCarthy v. Commissioner, T.C. Memo. 1995-557;             
          Ferguson v. Commissioner, T.C. Memo. 1994-114.                              
          Child Tax Credit                                                            
               Section 24(a) provides that a taxpayer may claim a credit              
          for “each qualifying child”.  A qualifying child is defined,                
          inter alia, as any individual if “the taxpayer is allowed a                 
          deduction under section 151 with respect to such individual for             
          the taxable year”.  Sec. 24(c)(1)(A).  For the reasons stated               


          6    Temporary regulations are entitled to the same weight as               
          final regulations.  See Peterson Marital Trust v. Commissioner,             
          102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d Cir. 1996); Truck           
          & Equip. Corp. v. Commissioner, 98 T.C. 141, 149 (1992); see also           
          LeCroy Research Sys. Corp. v. Commissioner, 751 F.2d 123, 127 (2d           
          Cir. 1984), revg. on other grounds T.C. Memo. 1984-145.                     





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