Franco Robert and Linda Noel Stone - Page 9

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          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.                            





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