- 5 - separate cover to respondent, a copy of Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, signed by Mr. Harbin who was the custodial parent. On August 18, 2000, respondent mailed a notice of deficiency to petitioners. In that notice, respondent disallowed petitioners’ claimed exemption deductions and child tax credits for Nicholas, Jason, and Brooklyn on the grounds that petitioners failed to verify petitioners’ entitlement thereto. Prior to trial, respondent conceded petitioners’ entitlement to an exemption deduction and child tax credit for Brooklyn. OPINION Dependency Exemption In general, a taxpayer is entitled to an exemption for each dependent child under 19 years of age. Sec. 151(c)(1)(B)(i). To be so entitled, the taxpayer must provide (or be treated as providing) over half of the child’s support in the year for which the exemption is claimed. Sec. 152(a). Where parents are divorced or separated, the parent who has physical custody of a child for the greater portion of the calendar year (the custodial parent) generally is deemed to have provided more than half of such child’s support in that year. Sec. 152(e)(1). Section 152(e)(2), however, provides an exception to the general rule of section 152(e)(1). Under section 152(e)(2), a childPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011