Burnice Jerome Davis - Page 6




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               A noncustodial parent may claim the exemption for a child              
          “only if the noncustodial parent attaches to his/her income tax             
          return for the year of the exemption a written declaration from             
          the custodial parent stating that he/she will not claim the child           
          as a dependent for the taxable year beginning in such calendar              
          year.”  Sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., 49             
          Fed. Reg. 34459 (Aug. 31, 1984); see Miller v. Commissioner, 114            
          T.C. 184, 188-189 (2000), affd. on another ground sub nom.                  
          Lovejoy v. Commissioner, 293 F.3d 1208 (10th Cir. 2002).  The               
          declaration required pursuant to section 152(e)(2) must be made             
          either on a completed Form 8332, Release of Claim to Exemption              
          for Child of Divorced or Separated Parents, or on a statement               
          conforming to the substance of Form 8332.  Miller v.                        
          Commissioner, supra at 189.                                                 
               Petitioner testified that he provided more than 50 percent             
          of JJD’s support for 2003.  Accordingly, petitioner believes that           
          he is entitled to claim JJD as a dependent for the taxable year             
          2003.  Petitioner testified that he has given Forms 8332 to Ms.             
          Davis on several occasions, but she has never signed or returned            
          any of the Forms 8332.                                                      
               Ms. Davis had custody of JJD during 2003.  Ms. Davis did not           
          sign a Form 8332 or any other statement conforming to the                   
          substance of Form 8332 for 2003.  Petitioner did not attach a               
          Form 8332 or any similar written statement to his 2003 return.              







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