- 3 - deductions for their son, and required Mrs. Brettin to sign a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, annually.2 The agreement did not contain the child's name or the Social Security number of either petitioner or Mrs. Brettin. Petitioner timely filed a Form 1040, U.S. Individual Income Tax Return, for 2000. On that return, he claimed a dependency exemption deduction for his son. Mrs. Brettin did not sign a Form 8332 or a statement conforming to the substance of Form 8332, and petitioner did not attach such documentation to his Form 1040. When petitioner attempted to electronically file his tax return for 2000, he was notified that respondent had received two or more 1998 Federal individual income tax returns using the same Social Security number to claim a tax benefit. In a notice of deficiency dated May 6, 2002, respondent disallowed the dependency exemption deduction, and the child tax credit petitioner claimed. Discussion The Commissioner's determinations in a notice of deficiency are presumed correct, and generally, taxpayers bear the burden of 2In the original draft of the agreement, petitioner and Mrs. Brettin had agreed that Mrs. Brettin would sign Forms 8332 "for all future years". That language was changed to "on a yearly basis".Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011