- 8 - entitlement to the dependency exemption is subject to change each year. As such, the order does not conform in substance to Form 8332 because it fails to state with specificity the applicable tax year or years for which petitioner is entitled to the dependency exemption. Therefore, we find that the order does not constitute a written declaration under section 152(e)(2). Accordingly, petitioners are not entitled to a dependency exemption deduction for Shane in the taxable year 2001.7 Respondent’s determination on this issue is sustained. B. Child Tax Credit Section 24(a) provides that a taxpayer may claim a credit for “each qualifying child”. A qualifying child is defined, inter alia, as any individual if “the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year”. Sec. 24(c)(1)(A). For the reasons stated above, petitioners may not claim a dependency exemption deduction for Shane under section 151, and, therefore, they may not claim a child tax credit. Respondent’s determination on this issue is sustained. 7 At trial, petitioner testified that he and Laurie had a civil relationship, and he suggested that Laurie might be willing to execute a Form 8332. For future tax returns, if Laurie were to properly complete and execute a Form 8332 releasing her claim to the dependency exemption, and if petitioners were to attach such form to their return, then, at least for the taxable year or years subject to such form, petitioners might succeed in avoiding the issues that have arisen in the present case.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011