- 9 - such written declaration. Further, the record does not indicate that petitioner obtained a Form 8332 from Ms. Flanigan. At trial, petitioner testified, with respect to Form 8332, that he never signed or obtained such a form. Because petitioner, the noncustodial parent, did not meet the requirements of the Internal Revenue Code, he cannot fall within the exception provided in section 152(e)(2). Since petitioner fails to meet the requirements of the support test, the Court need not address the other factors. Accordingly, the Court holds that petitioner is not entitled to dependency exemption deductions for his two children for 2003. III. Child Tax Credit For 2003, petitioner claimed a child tax credit with respect to his two children in the amount of $1,000. Respondent asserts that petitioner is not entitled to the child tax credit because all of the unallocated family support payments that petitioner made are alimony and not child support. Petitioner argues that the unallocated family support payments, as well as the expenses for medical and dental insurance for the two children, entitle him to the child tax credit. We disagree. Section 24(a) authorizes a child tax credit with respect to each qualifying child of the taxpayer. The term “qualifying child” is defined in section 24(c). A “qualifying child” means an individual with respect to whom the taxpayer is allowed aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011