- 6 - (Aug. 31, 1984); see Miller v. Commissioner, 114 T.C. 184, 188- 189 (2000), affd. on another ground sub nom. Lovejoy v. Commissioner, 293 F.3d 1208 (10th Cir. 2002). The declaration required under section 152(e)(2) must be made either on a completed Form 8332 or on a statement conforming to the substance of Form 8332. Miller v. Commissioner, supra at 189. Form 8332 requires a taxpayer to furnish (1) the names of the children for which exemption claims were released, (2) the years for which the claims were released, (3) the signature of the custodial parent confirming his or her consent, (4) the Social Security number of the custodial parent, (5) the date of the custodial parent’s signature, and (6) the name and the Social Security number of the parent claiming the exemption. Miller v. Commissioner, supra at 190. Petitioner did not comply 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. Lindquist. Petitioner, as a noncustodial parent, is not entitled to the dependency exemption for Justin for the 1998 taxable year. Petitioner nevertheless argues that he is current in his child support obligation and that, under the terms of the Marital Termination Agreement and divorce decree, he is entitled to the dependency exemption. He further points out that it is unrealistic for him, as a resident of Pennsylvania, to return toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011