- 7 - return a copy of Form 8332, signed by Mr. Harbin, releasing his claim to the exemptions. This she did not do. Petitioner’s assertion that she is entitled to claim the dependency exemptions for Nicholas and Jason in 1998 is premised on the May 23, 1989, order which states that petitioner and Mr. Harbin may claim two dependents in alternate years. However, petitioners’ position is not supported by the May 23, 1989, order because it specifically states that those provisions of the order relating to the parent who may claim the dependency exemptions terminate when “the oldest child attains majority”. (Petitioner’s oldest child, Cassandra, turned 18 on July 23, 1996.) Petitioner contends “that is not what the judge intended.” According to petitioner, the judge meant to say in his order “until your youngest child (not the oldest child) is 18 years old.” Even if, as petitioner asserts, the May 23, 1989, order was in error, that order was superseded by the May 26, 1993, order giving sole custody of the children to Mr. Harbin. See sec. 1.152-4(b), Income Tax Regs. (custody determined by most recent decree). Under Federal tax law, Mr. Harbin, as custodial parent, was entitled to dependency exemptions for Nicholas and Jason for 1998. Consequently, any order issued by the Oconee County Family Court (even an order attempting to grant dependency exemptions for Nicholas and Jason to petitioner for 1998) would not per se entitle petitioner, as the noncustodial parent, to the claimed dependencyPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011