- 5 - taxable year, then the noncustodial parent is entitled to the dependency exemption deduction for that year. The “written declaration” is embodied in Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents. That form consists of two parts, Part I, which is for release of the dependency exemption for the “current year”, and Part II applies to releases for “future years”. Both parts (if applicable) must be signed by the custodial parent releasing the exemptions, and each part requires the year or years (in the case of Part II) to which the exemption is released and the names of the dependents. In this case, petitioner did not attach a copy of a completed Form 8332 to his 2002 Federal income tax return; however, he did present one to respondent on the morning of the trial, purportedly signed by Ms. Cornea. Respondent, however, ascertained prior to trial that Ms. Cornea had already claimed a dependency exemption for S.D. on her 2002 Federal income tax return; therefore, she could not release the dependency exemption to petitioner. Sec. 152(e)(2)(A)(ii). Petitioner contends that S.D. spent equal time living with him, and he did in fact provide the child with over one-half of the child’s support during 2002. Although petitioner and Ms. Cornea did go to great lengths to ensure S.D. would spend almost equal parts of the year with each of them, the divorce decreePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011