- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011