Michael T. and Kathleen L. Schultheiss - Page 7

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          Divorced or Separated Parents, or on a statement conforming to              
          the substance of Form 8332.  Miller v. Commissioner, supra at               
          189.                                                                        
               Form 8332 requires a taxpayer to furnish:  (1) The names of            
          the children for which exemption claims were released; (2) the              
          years for which the claims were released; (3) the signature of              
          the custodial parent confirming his or her consent; (4) the                 
          Social Security number of the custodial parent; (5) the date of             
          the custodial parent’s signature; and (6) the name and the Social           
          Security number of the parent claiming the exemption.  Id. at               
          190.                                                                        
               Although petitioner and Mrs. Friemark have joint legal                 
          custody of the children, Mrs. Friemark has physical custody, and            
          she is deemed to be the custodial parent for purposes of section            
          152(e).  Petitioner, as the noncustodial parent, is not entitled            
          to the claimed dependency exemption deductions unless he complied           
          with the provisions of section 152(e)(2) and the regulations                
          thereunder by attaching to his return a written declaration or              
          Form 8332 executed by Mrs. Friemark.  Petitioner did not attach             
          such a declaration or Form 8332 to his return, and accordingly he           
          is not entitled to the dependency exemption deductions for the              
          children for the 2002 taxable year.                                         
               Petitioners further argue that they are entitled to the                
          dependency exemption deductions because of the terms of the                 






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