- 5 - 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, thePage: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007