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respondent’s determination that petitioner released to her former
spouse the dependency exemption deductions for the two daughters
by virtue of petitioner’s execution of Form 8332, Release of
Claim to Exemption for Child of Divorced or Separated Parents,
wherein petitioner released to her former spouse the dependency
exemptions for the two children for the year 1992 and all future
years. Petitioner agrees that she released the dependency
exemption deductions of the two children for the 1992 tax year
but denies that she released the exemption deductions for the
years subsequent to 1992.
Section 151(c) allows a taxpayer to deduct an annual
exemption amount for each dependent, as defined in section 152.
Under section 152(a), the term “dependent” means, in pertinent
part, a son or daughter of the taxpayer over half of whose
support was received from the taxpayer. Sec. 152(a)(1).
In the case of a child of divorced parents, section
152(e)(1) provides in pertinent part that, if a child receives
over half of his support from his parents who are divorced under
a decree of divorce, and the child is in the custody of one or
both of his parents for more than one-half of the year, then the
child will be treated as receiving over half of his support from
2(...continued)
dependency exemption deductions claimed by Mr. McNichol.
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