- 8 - 4, Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984). Petitioner testified that JTMZ resided with him during the entire taxable year 2002. Petitioner did not offer into evidence any documentation to substantiate his claim that JTMZ resided with him during the taxable year 2002. At trial, petitioner had letters that were typed by Ms. Laird claiming that JTMZ resided with petitioner during taxable year 2002. These letters were signed by Ms. Laird, petitioner’s minister, and petitioner’s father. However, these letters were never received into evidence in this case. On the basis of the record and the facts of the present case, we find that petitioner did not substantiate that JTMZ resided with him during the taxable year 2002. Therefore, we conclude that petitioner was not the custodial parent of JTMZ for taxable year 2002. We further conclude that the letter signed by Ms. Laird, referred to above, does not constitute a valid written declaration under section 152(e)(2) releasing the claim to the deduction. Petitioner, therefore, is not entitled to the dependency exemption deduction for taxable year 2002 with respect to JTMZ. Secs. 151(a), (c), and 152(a). Respondent’s determination on this issue is sustained. 2. Head of Household As previously stated, petitioner claimed head-of-household filing status on his 2002 Federal income tax return, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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