- 3 - incurred a tax liability. Also, the former spouse had custody of the children for the greater portion of the year. For the 2003 taxable year, petitioner filed a joint income tax return with his current spouse, who is not a party to this case. On the joint return, petitioner claimed dependency exemption deductions and child tax credits for the children. Petitioner did not attach a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or its equivalent to his joint return. Respondent issued a notice of deficiency to petitioner. Respondent denied one of petitioner’s dependency exemption deductions and a portion of his child tax credits, reasoning that the former spouse had properly claimed the child as a dependent. The denial resulted in a $1,458 deficiency. Discussion Respondent urges us to sustain the disallowance of petitioner’s dependency exemption deduction and the portion of the child tax credit related to the child since petitioner did not attach a Form 8332 or its equivalent to his 2003 joint Federal income tax return as required by section 152(e)(2) and section 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984). The Commissioner’s determinations in a notice of deficiency are presumed correct, and the burden is on the taxpayer to provePage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007