Ella M. Royster - Page 6

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          a Form 8332 or similar written declaration, signed by the                   
          custodial parent, stating that the custodial parent will not                
          claim the child as a dependent for the calendar year.  Sec.                 
          152(e)(2); Miller v. Commissioner, 114 T.C. 184 (2000).  The                
          divorce decree incorporated the May 29, 1998, custody order that            
          granted primary physical custody to Mr. Royster.  Petitioner, as            
          the noncustodial parent, did not attach to her 2001 or 2002                 
          return a Form 8332 or similar written declaration by Mr. Royster            
          stating that he would not claim the children as dependents.                 
          Accordingly, we hold petitioner is not entitled to dependency               
          exemption deductions for her children for taxable years 2001 and            
          2002.                                                                       
               In general, in order to qualify for head of household filing           
          status, the earned income credit, the child tax credit, and the             
          additional child tax credit, the taxpayer must show that she was            
          entitled to a dependency exemption deduction for her child and/or           
          the child lived with the taxpayer for over half of the taxable              
          year.  See secs. (2)(b)(1)(A), 32(a), (c), 24(a), (c).                      
          Petitioner did not provide credible evidence that her children              
          lived with her for over half of each taxable year in issue5, and,           
          as noted above, petitioner is not entitled to dependency                    
          exemption deductions for her children for each taxable year in              


               5At trial, petitioner admitted that she did not have any               
          evidence proving that her children lived with her for over half             
          of each year in issue.                                                      




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