Earl Clyde Muncy - Page 8

                                        - 7 -                                         
          period of time both before and after school and on weekends,                
          Bertha Muncy is the custodial parent, and petitioner is the                 
          noncustodial parent.                                                        
               The Internal Revenue Service created Form 8332, Release of             
          Claim to Exemption for Child of Divorced or Separated Parents, to           
          effect the custodial parent’s waiver of the dependency exemption.           
          However, to meet the requirements of section 152(e)(2), the                 
          custodial parent’s written declaration need not be made on Form             
          8332, as long as the submitted declaration conforms to the                  
          substance of Form 8332.  Boltinghouse v. Commissioner, supra                
          (concluding that a separation agreement conforming to the                   
          substance of Form 8332 satisfied section 152(e)(2)); sec. 1.152-            
          4T(a), Q&A-3, Temporary Income Tax Regs., 49 Fed. Reg. 34451                
          (Aug. 31, 1984).  In addition, neither section 152(e)(2) nor the            
          regulations thereunder require that the waiver of a spouse’s                
          claim to a dependency exemption be incorporated into a divorce              
          decree to be effective.  Boltinghouse v. Commissioner, supra.               
               Petitioner did not submit a Form 8332, and at trial, he                
          admitted that he had not attempted to obtain a Form 8332 from               
          Bertha Muncy.  The question therefore is whether the divorce                
          decree conforms to the substance of Form 8332 and satisfies the             
          requirements of section 152(e)(2).  As the Court explained in               
          Miller v. Commissioner, 114 T.C. 184, 190 (2000), affd. sub nom.            
          Lovejoy v. Commissioner, 293 F.3d 1208 (10th Cir. 2002):                    






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011