James J. Spuches - Page 8




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         attaching a State court order that was not signed by the custodial           
         parent to the return of the noncustodial parent did not satisfy              
         the express requirements of section 152(e)(2).  Id. at 196.  The             
         mere fact that the State court granted the taxpayer the right to             
         claim the dependency exemption deduction was immaterial because a            
         State court cannot determine issues of Federal tax law.  Id.                 
         (citing Kenfield v. United States, 783 F.2d 966, 969 (10th Cir.              
         1986) and White v. Commissioner, T.C. Memo. 1996-438 (citing with            
         approval Commissioner v. Tower, 327 U.S. 280, 287-288 (1946))).              
              The parties agree that the former spouse had custody of the             
         children for the greater portion of the taxable year; therefore,             
         petitioner is not the “custodial parent” as defined in section               
         152(e)(1).  Because petitioner, the noncustodial parent, did not             
         attach Form 8332 or its equivalent to his joint return, he is not            
         entitled to the dependency exemption deduction.  Accordingly, we             
         sustain respondent’s disallowance of the dependency exemption                
         deduction.                                                                   
         2. Child Tax Credit                                                          
              Section 24(a) provides a credit against income tax for each             
         “qualified child” of a taxpayer who is under 17 years of age.  A             
         “qualified child” is one for whom a taxpayer may claim a deduction           
         under section 151.  Sec. 24(c)(1)(A).  Thus, a taxpayer is                   
         ineligible for the child tax credit under section 24(a) unless the           
         taxpayer is eligible for the dependency exemption deduction under            







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