- 6 - the custodial parent confirming his or her consent; (4) the Social Security number of the custodial parent; (5) the date of the custodial parent’s signature; and (6) the name and the Social Security number of the parent claiming the exemption. Miller v. Commissioner, supra at 190. Petitioner and Ms. Williams lived apart during the last 6 months of 2002. We therefore apply the support test found in section 152(e). See sec. 152(e)(1)(A)(iii). Petitioner testified that the children lived with Ms. Williams during the year in issue. Accordingly, Ms. Williams was the custodial parent, and petitioner was the noncustodial parent for purposes of section 152(e). Petitioners are not entitled to the claimed dependency exemptions unless they complied with the provisions of section 152(e)(2) and the regulations thereunder by attaching to their return a written declaration or Form 8332 executed by Ms. Williams. Petitioners did not attach such a declaration or Form 8332 to their return, and, as a result, they are not entitled to deduct dependency exemptions for BW and TW in 2002. Issue 2. Estoppel Petitioner contends that sometime in the mid-1990s, he spoke to an Internal Revenue Service (IRS) employee about claiming BW and TW as dependents. According to petitioner, the IRS employee indicated that the children qualified as petitioners’ dependents for Federal income tax purposes. Petitioner asserts that for thePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011