Brooks Edward Omans and Tonya Renee Omans Rateau - Page 14

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          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.                         














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