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parent must sign a written declaration that the custodial parent
will not claim the child as a dependent on his or her income tax
return, and the noncustodial parent attaches such written
declaration to the income tax return of the noncustodial parent
for the taxable year. Sec. 152(e)(2). Petitioner's former
spouse did not release his claim to the dependency exemption for
the two children, and petitioner, as the noncustodial parent, did
not attach any release of such claim to her 1999 joint Federal
income tax return. Petitioner, thus, does not satisfy the
requirements of section 152(e)(2). The Court, therefore,
sustains respondent's disallowance of the dependency exemptions
to petitioners for 1999.
The second issue is whether petitioners are entitled to the
child tax credit under section 24. For the year at issue,
section 24 allowed a credit against the tax of $500 for each
qualifying child under the age of 17. In general, a qualifying
child is an individual for whom the taxpayer can claim a
dependency exemption and is the son or daughter of the taxpayer.
Petitioners claimed the credit on their 1999 return for
petitioner's two sons as qualifying children. The credit was
disallowed in the notice of deficiency. Respondent is sustained
on this issue because petitioners were not entitled to the
dependency exemption deductions for the two sons for 1999.
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Last modified: May 25, 2011