George Ray Flanigan - Page 9

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          will not claim a child as a dependent, and the noncustodial                 
          parent attaches such written declaration to the noncustodial                
          parent's income tax return for the taxable year.  Sec. 152(e)(2);           
          see also 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 under 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; Brissett v. Commissioner, supra.                
               Form 8332 requires a taxpayer to furnish:  (1) The names of            
          the children for which exemption claims were released, (2) the              
          years for which the claims were released, (3) the signature of              
          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.  Thus, the exception granting the               
          noncustodial parent the dependency exemption deductions under               
          section 152(e) applies only if the custodial parent signs either            
          a Form 8332 or a written declaration conforming to the substance            
          of Form 8332.                                                               
               Ms. Flanigan, who was the custodial parent, did not sign any           






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