- 4 - 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. WangPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011