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the year. In addition, Audra did not sign a Form 8332 that she
would not claim the children as dependents for the year at issue
nor a statement conforming to the substance of Form 8332.
Likewise, petitioner did not attach a Form 8332 or similar
written statement to his return for 2001. Accordingly,
petitioner is not entitled to the dependency exemptions for 2001.
Section 24(a) provides that a taxpayer may claim a credit
for “each qualifying child”. A qualifying child is defined,
inter alia, 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). For the reasons stated
above, petitioner may not claim a dependency exemption deduction
for any of the children under section 151. Accordingly, he is
not entitled to claim a child tax credit with respect to the
children for 2001.
To reflect the foregoing,
Decision will be entered
for respondent.
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Last modified: May 25, 2011