- 4 - the parent having custody for a greater portion of the calendar year. Respondent agrees that petitioner met that requirement. The “noncustodial parent” is allowed to claim the dependency exemption deductions if one of three statutory exceptions in section 152(e) applies. If an exception applies, the “noncustodial parent” (in this case, Mr. McNichol) is treated as providing over half of a child’s support. This case focuses on section 152(e)(2), the exception that is at issue here. Section 152(e)(2) provides, if “the custodial parent signs a written declaration”, that such custodial parent will not claim such child as a dependent, and the noncustodial parent attaches such written declaration to the noncustodial parent’s return for the taxable year, the noncustodial parent is entitled to the dependency exemption deduction for that year. The “written declaration” is embodied in Form 8332. That form consists of two parts, Part I, which is for the 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, Mr. McNichol and his spouse attached to their 1999 Federal income tax return a completed Form 8332, purportedlyPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011