Steven F. Darton and Paula V. Jacobs - Page 6

                                        - 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 decree               






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011