- 4 - claim to the dependency exemption deduction by signing a written declaration to that effect, and (2) the noncustodial parent attaches this written declaration to his income tax return. Sec. 152(e)(2). During 2001, Ms. Oliver-Montwillo was the custodial parent of the children. During 2001, the children received over half their support from their parents, who were separated under a written separation agreement. Pursuant to section 152(e)(1), then, Ms. Oliver-Montwillo is entitled to claim the dependency exemption deductions for 2001. She has not released her claim to the exemptions for 2001. Petitioner is not entitled to the dependency exemption deductions for 2001. 2. Child Tax Credit Section 24 allows a tax credit for each “qualifying child” of a taxpayer. Sec. 24(a). To be a qualifying child, an individual must, among other things, qualify as the taxpayer’s dependent. Sec. 24(c). As just discussed, the children do not qualify as petitioner’s dependents. Therefore, petitioner is not entitled to claim the child tax credit. 3. Filing Status An individual qualifies as a head of household if, among other things, he is not married at the close of the taxable year and maintains a home that serves as the principal place of abodePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011