- 4 - On their Federal income tax return for 2002, petitioners claimed a dependency exemption deduction for the child and the section 24 child care credit. In the notice of deficiency, respondent disallowed the dependency exemption deduction and the child care credit. Petitioners did not attach to their 2002 income tax return a consent from the child’s mother, Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or a Form 2120, Multiple Support Agreement, wherein the grandparents and the mother of the child consented to petitioners’ claiming the child as a dependent on their 2002 Federal income tax return.4 Petitioners nevertheless claimed the child as a dependent on their 2002 Federal income tax return. Respondent disallowed the dependency exemption deduction for the reason that petitioners had not established they were entitled to the exemption because 4The Form 2120 is an acknowledgment by a group of contributors who have collectively provided over one-half of a dependent’s support for a calendar year and who may annually designate one of their number to claim the dependency exemption deduction for the dependent. The taxpayer who is designated as entitled to claim the dependency exemption deduction must attach a statement to his return identifying each member of the supporting group and, in general, comply with sec. 1.152-3, Income Tax Regs. Petitioners testified that they had solicited a multiple support agreement from the grandparents and the mother to allow petitioners the dependency exemption deduction for 2002; however, the grandparents and the mother declined. Petitioners also solicited a consent from the mother to allow petitioners the dependency exemption deduction, and she also declined that request.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011