Zachary S. and Lisa C. Curello - Page 4

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               Ms. Gigletti left the family household around October 1993.            
          A divorce was granted on July 31, 1995.  The State judge issued a           
          Memorandum of Decision (divorce decree) on July 31, 1995.  The              
          divorce decree was signed neither by petitioner husband nor by              
          Ms. Gigletti.  The divorce decree gave legal and physical custody           
          of BMC to Ms. Gigletti.  On page 12 of the divorce decree the               
          State judge addressed the issue of an exemption as to BMC.  The             
          paragraph reads as follows:                                                 
               The defendant [petitioner husband] shall have the right to             
               claim the minor child [BMC] as an exemption for federal                
               and state income tax purposes for each calendar year in                
               which he is current at the end of such calendar year for his           
               support payments.                                                      
               On or about March 3, 2002, petitioners filed their Form                
          1040, U.S. Individual Income Tax Return, for the 2001 taxable               
          year.  There was no attachment regarding any waiver or                      
          declaration, such as a Form 8332, Release of Claim to Exemption             
          for Child of Divorced or Separated Parents, executed by Ms.                 
          Gigletti stating that she was releasing her claim to exemption of           
          BMC.  Petitioner husband testified that he tried to get Ms.                 
          Gigletti to sign a Form 8332, but she refused to do so.                     
               In the 2001 return, petitioners claimed exemption deductions           
          for two dependents, one of whom, BMC, was a child of the marriage           
          with Ms. Gigletti.  The second child claimed was MJC; this                  
          dependent is not at issue in the present case.  Respondent                  
          allowed the exemption and child tax credit with regard to MJC.              






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