Keith A. Brettin - Page 6

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          declaration that such custodial parent will not claim such child            
          as a dependent, and the noncustodial parent attaches such written           
          declaration to the noncustodial parent's income tax return for              
          the taxable year.                                                           
               Petitioner acknowledges that he never obtained from Mrs.               
          Brettin a completed Form 8332.  However, petitioner contends that           
          their agreement is a written declaration that is substantially              
          the equivalent of a Form 8332.                                              
               The declaration required under section 152(e)(2) must be               
          made either on a completed Form 8332 or on a statement conforming           
          to the substance of Form 8332.  Sec. 1.152-4T(a), Q&A-3,                    
          Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984).             
          The exemption may be released for a single year, for a number of            
          specified years, or for all future years "as specified in the               
          declaration."  Sec. 1.152-4T(a), Q&A-4, Temporary Income Tax                
          Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984).                                  
               Form 8332 requires a taxpayer to agree not to claim a                  
          dependency exemption and to furnish:  (1) The name of the child             
          for whom exemption claims are released, (2) the years for which             
          the claims are released, (3) the signature of the custodial                 
          parent, (4) the Social Security number of the custodial parent,             
          (5) the date of the custodial parent's signature, and (6) the               
          name and the Social Security number of the parent claiming the              
          exemption.  Miller v. Commissioner, 114 T.C. 184, 190 (2000).               






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