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