Jerry Jefferson Kirkeby and Ying Wang - Page 5

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          over half of the support if the requirements under section                  
          152(e)(2) are satisfied.  Section 152(e)(2) provides:                       
               (2) Exception where custodial parent releases                          
               claim to exemption for the year.--A child * * * shall                  
               be treated as having received over half of his support                 
               during a calendar year from the noncustodial parent if                 
               --                                                                     
                    (A) the custodial parent signs a written                          
                    declaration (in such manner and form as the                       
                    Secretary may by regulations prescribe) that                      
                    such custodial parent will not claim such                         
                    child as a dependent for any taxable year                         
                    beginning in such calendar year, and                              
                    (B) the noncustodial parent attaches such                         
                    written declaration to the noncustodial                           
                    parent’s return for the taxable year                              
                    beginning during such calendar year.                              
                                                                                     
               To release a claim to a dependency exemption deduction                 
          properly, the custodial parent must sign a written declaration              
          with an express statement that such custodial parent will not               
          claim that child as a dependent.  Sec. 152(e)(2); Miller v.                 
          Commissioner, 114 T.C. 184, 190-191 (2000); Bramante v.                     
          Commissioner, T.C. Memo. 2002-228.  A validly executed Form 8332            
          satisfies the written declaration requirement.  King v.                     
          Commissioner, 121 T.C. 245, 249 (2003); Brissett v. Commissioner,           
          T.C. Memo. 2003-310.                                                        
               It is not disputed that Ms. Wang was the custodial parent of           
          JJH during 2003.  Respondent argues that petitioners are not                
          entitled to claim JJH as a dependent because Ms. Wang executed a            
          Form 8332 in favor of Mr. Hammer.  In the Form 8332, Ms. Wang               






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