Earl Clyde Muncy - Page 14

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          dependency exemption deduction for either child for 2001.  Thus,            
          petitioner is not allowed a child tax credit.                               
               V. Conclusion                                                          
               The Court found the testimony of petitioner and Julie Muncy            
          to be credible and sincere.  Per the divorce decree, petitioner             
          was entitled to the dependency exemptions for both of his                   
          children.  However, Congress designed the requirements of                   
          sections 151 and 152 to facilitate administration of the tax law            
          by assisting the Commissioner in preventing a whipsaw where both            
          divorced parents attempted to claim the same child as an                    
          exemption and child tax credit.  This was accomplished by                   
          requiring the execution of Form 8332 by the custodial parent.               
          Petitioner’s remedy in this case is to enforce the divorce decree           
          either informally by requesting his former spouse’s voluntary               
          cooperation or, if this is unsuccessful, formally by initiating             
          proceedings in the West Virginia State courts.                              
               This Court is sympathetic to petitioner’s case;                        
          nevertheless, since petitioner did not satisfy the requirements             
          of section 152(e)(2), he is not entitled to dependency exemption            
          deductions for his children.  Likewise, petitioner does not                 
          qualify for the child tax credit.  As petitioner did not                    
          establish that his home was the principal place of abode for his            









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