Michael S. and Christine R. Norwood - Page 6




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          will be treated as receiving more than half of his support during           
          a calendar year from the noncustodial parent if:                            
                    (A) the custodial parent signs a written                          
               declaration (in such manner and form as the Secretary may              
               by regulations prescribe) that such custodial parent will              
               not claim such child as a dependent for any taxable year               
               beginning in such calendar year, and                                   
                    (B) the noncustodial parent attaches such written                 
               declaration to the noncustodial parent’s return for the                
               taxable year beginning during such calendar year. [Sec.                
               152(e)(2)(A) and (B).]                                                 
          The Internal Revenue Service has prescribed Form 8332 as the                
          appropriate form by 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).    Form 8332 requires, among other things,           
          that the custodial parent declare that he or she will not claim an          
          exemption for the child or children named on the form for the years         
          for which the exemption claim is being released.                            
               In the case before us, petitioner does not dispute that for            
          1998, Mr. Harbin was the custodial parent of Nicholas and Jason.            
          As such, he ordinarily would be entitled to the dependency                  
          exemptions for Nicholas and Jason for 1998.   To claim Nicholas and         
          Jason as dependents for 1998, petitioner, as the noncustodial               
          parent, would have had to have attached to her 1998 income tax              







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