Nasser and Scottiann Zamani - Page 10

                                        - 9 -                                         
          conclude that Ms. Woodworth was the custodial parent and                    
          petitioner was the noncustodial parent in 2003.                             
          2.   Petitioners Did Not Attach a Form 8332 or Other Declaration            
               to Their 2003 Tax Return                                               
               Because 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.             
          Woodworth.  Petitioners did not attach such a declaration or Form           
          8332 to their return, and as a result, they are not entitled to             
          the deduction for dependency exemptions for Nathan and Lila in              
          2003.                                                                       
               Petitioner nevertheless argues that he is current in his               
          child support obligation and that, under the terms of the divorce           
          decree, he is entitled to the deduction for dependency                      
          exemptions.  Petitioner testified that Ms. Woodworth has                    
          consistently refused to execute the Form 8332, as well as other             
          documents he has given her.  Petitioner considered seeking a                
          court order to compel Ms. Woodworth to execute the Form 8332,               
          but, based on his past experience in seeking a similar order, he            
          believed it would cost approximately $2,000 in attorney’s fees to           
          do so.  Because this amount exceeds the $1,604 in issue,                    
          petitioner believes he is “caught * * * in the middle” between              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011