- 8 - the substance of such form.” Sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., supra. In the present case, Ms. Peterson, as the custodial parent, did not sign a Form 8332 or any written declaration or statement agreeing not to claim the exemption for AH, and no such form, declaration, or statement was attached to petitioner’s tax return for the year in issue. The law is clear that petitioner is entitled to the child dependency exemption in 2001 only if he complied with the provisions of section 152(e)(2). Petitioner has failed in this regard. It follows, therefore, that the exception set forth in section 152(e)(2) does not apply and that the general rule of section 152(e)(1) does apply. Accordingly, petitioner is not entitled to deduct a dependency exemption for AH for taxable year 2001. Sec. 152(e)(1); Miller v. Commissioner, supra. Respondent’s determination on this issue is sustained. 2. Head-of-Household As previously stated, petitioner filed his 2001 Federal income tax return as a head-of-household, and respondent changed the filing status to single in the notice of deficiency. Section 1(b) imposes a special income tax rate on an individual filing as head-of-household. Section 2(b) provides the requirements for head-of-household filing status. As relevant here, to qualify as a head of a household a taxpayerPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011