- 8 - Accordingly, Ms. Meyer was the custodial parent. Ms. Meyer never executed a written declaration releasing to Mr. Meyer the dependency exemption for Richard for 1994, 1995, or 1996, and Mr. Meyer did not attach to a return for 1994, 1995, or 1996 anything purporting to be a written declaration signed by Ms. Meyer releasing the dependency exemption for Richard to him. Therefore, we conclude that Mr. Meyer is not entitled to a dependency exemption for 1994, 1995, or 1996 for Richard. Sec. 152(e); see Miller v. Commissioner, 114 T.C. 184 (2000) (section 152(e)(2) requires the custodial parent to sign a written declaration releasing the dependency exemption for his or her child to the noncustodial parent). Child Care Credit In the case of an individual who maintains a household which includes as a member one or more qualifying individuals, there shall be allowed as a credit against tax an amount equal to the applicable percentage of employment-related expenses paid by such individual during the taxable year. Sec. 21(a)(1). A “qualifying individual” includes a dependent of the taxpayer under the age of 13 and with respect to whom the taxpayer is entitled to a deduction under section 151(c).4 Sec. 21(b)(1)(A). Mr. Meyer is not entitled to a deduction for Richard under 4 Additional definitions of “qualifying individual” are not applicable herein. Sec. 21(b)(1)(B) and (C).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011