Ricky C. Hutchinson and Tammy L. McNichol - Page 5

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          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, purportedly           





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