- 6 - See Miller v. Commissioner, 114 T.C. 184 (2000); sec. 1.152- 4T(a), Q&A-3, Temporary Income Tax Regs., supra.5 Petitioners did not attach a written declaration, Internal Revenue Service form, or other statement signed by the custodial parent to their return. See sec. 152(e)(2)(A) and (B). Petitioners, therefore, did not establish entitlement to the dependency exemption deduction for the year in question. See Paulson v. Commissioner, T.C. Memo. 1996-560. Although the support order provides that petitioner is entitled to the dependency exemption deduction, it cannot by its own terms determine issues of Federal tax law. Commissioner v. Tower, 327 U.S. 280 (1946); Kenfield v. United States, 783 F.2d 966 (10th Cir. 1986); Neal v. Commissioner, T.C. Memo. 1999-97; 5 Petitioner Pauleana L. Mace testified that petitioners were told by the Internal Revenue Service that as a noncustodial parent who was never married to the custodial parent petitioner could not use Form 8332, but instead needed a Form 2120, Multiple Support Declaration. Form 2120 is used for the claiming of dependency exemptions where multiple taxpayers support a dependent and where the taxpayer contributed over 10 percent of the support of the claimed dependent. Sec. 152(c)(3). Sec. 152(c)(4) requires a written declaration for each person (other than the taxpayer) who contributed over 10 percent of such support that he or she will not claim the individual as a dependent for the same taxable year. Sec. 1.152-3(c), Income Tax Regs., provides that the written declaration may be made on Form 2120 or in a similar manner. In light of this Court’s holding in King v. Commissioner, 121 T.C. 245, 250-251 (2003), a properly executed Form 8332 can constitute the waiver of a custodial parent’s claim to the dependency exemption deduction even where the parents were never married to each other. Which form should have been used is not at issue, as no form or statement signed by the custodial parent was attached to petitioners’ return when they filed it.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011