James J. Spuches - Page 4




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          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 prove            







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