Jacob R. and Jackie L. Bouch - Page 7

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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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