Vitally V. and Svetlana N. Andrukov - Page 6




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                         Secretary may by regulations prescribe) that                 
                         such custodial parent will not claim such                    
                         child as a dependent for any taxable year                    
                         beginning in such calendar year, and                         
                              (B) the noncustodial parent attaches                    
                         such written declaration to the noncustodial                 
                         parent’s return for the taxable year                         
                         beginning during such calendar year.                         
                    For purposes of this subsection, the term                         
                    “noncustodial parent” means the parent who is not                 
                    the custodial parent.                                             
          The form prescribed for the waiver described in section 152(e)(2)           
          is Form 8332, Release of Claim to Exemption for Child of Divorced           
          or Separated Parents, which form must be executed by the                    
          custodial parent and attached to the Federal income tax return of           
          the noncustodial parent in order for the noncustodial parent to             
          receive the dependency exemption.  Miller v. Commissioner, 114              
          T.C. 184, 190-191 (2000), affd. sub nom. Lovejoy v. Commissioner,           
          293 F.3d 1208 (10th Cir. 2002).                                             
               Petitioners did not attach the required waiver form to their           
          2004 Federal income tax return and apparently could not obtain a            
          form executed by Tanya Andrukov despite the orders of the                   
          Superior Court in Washington State.  At the time of trial,                  
          petitioner presented a Form 8332 purportedly executed by Tanya              
          Andrukov.  When invited to testify under oath that he recognized            
          his former wife’s signature on the form, however, petitioner                
          testified that he could not be sure that it was her signature.              
          Because of the doubts as to authenticity of the Form 8332, the              







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