- 13 - lessening the Internal Revenue Service’s involvement in these disputes. Accordingly, respondent’s insistence on the presence of Form 8332 or the language “agree not to claim” or “will not claim” in this case was overly formalistic and ultimately undermined the intent of section 152(e)(2). We find that petitioners are entitled to the dependency exemption deductions for 1998. 3. Child Tax Credit Section 24(a) provides that a taxpayer may claim a credit for “each qualifying child”. A qualifying child is defined as any individual if “the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year”. Sec. 24(c)(1)(A). Petitioners are entitled to claim dependency exemption deductions under section 151; they are therefore also entitled to the child tax credits. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for petitioners.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011