- 7 - 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 underPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007