- 6 - of signature; (3) the custodial parent’s Social Security number; (4) the noncustodial parent’s name; and (5) the noncustodial parent’s Social Security number. Petitioner argues that he attached a copy of the December 2, 1997, decision to his return and thus met the requirements of section 152(e)(2). Respondent argues that the decision was not attached to petitioner’s return, and, in the alternative, even if the decision had been attached to the return, that it does not meet the requirements of section 152(e)(2) because (a) the decision is conditional, (b) the decision does not state with specificity the applicable tax year or years for which petitioner is entitled to the dependency exemption, and (c) the decision is neither signed by the custodial nor noncustodial parent and as such does not satisfy the statutory requirements of section 152(e)(2). Upon the basis of the record, this Court finds that petitioner has not shown that he attached the decision to his 1998 Federal income tax return as required by section 152(e)(2)(B). However, even if petitioner had proven that the decision was attached to his 1998 Federal income tax return, this Court finds that the decision does not meet the requirements of section 152(e)(2). In the instant case, petitioner admits that he was Everton and Aldwyn’s noncustodial parent during the taxable year 1998.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011