Harold Lee and Melissa Diane Thomas - Page 5

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          noncustodial parent must attach the declaration to his or her tax           
          return.  Id.  Language in a divorce decree purportedly giving a             
          taxpayer the right to an exemption deduction does not entitle the           
          taxpayer to the deduction in the absence of the signed, written             
          declaration required by the statute.  Miller v. Commissioner, 114           
          T.C. 184 (2000), affd. sub nom. Lovejoy v. Commissioner, 293 F.             
          3d 1208 (10th Cir. 2002).                                                   
               A credit generally is allowed to a taxpayer for each                   
          qualifying child of the taxpayer.  Sec. 24(a).  Among other                 
          requirements, a qualifying child is one for whom the taxpayer is            
          entitled to a dependency exemption deduction under section 151.             
          Sec. 24(c)(1)(A).                                                           
               Petitioner admits that he is the noncustodial parent in this           
          case.  Because petitioners did not attach to their return a                 
          written declaration signed by Ms. Thomas, they are not entitled             
          to the dependency exemption deduction.  Secs. 151 and 152.                  
          Because they are not entitled to the deduction, they also are not           
          entitled to the child tax credit.  Sec. 24(c)(1)(A).                        
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               








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