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Could I get clarification please.
Yes, when was the divorce final?
they were never married
are you still available
If they were never married, under the IRS regulations,
without a completed form 8332, the mother or custodial parents receives the deduction.
The Court order does not superseded the IRS form requirements.
is this also true in Arizona, the place of the court order
Yes, this is Federal Tax Law, and many individuals are confused since they claim the Court order is valid, but the IRS requires the form 8332 to be signed by both parents in order for the custodial parent to give up their deduction.
He would have to go to Court to enforce the deduction, and the Court could make her sign the IRS form, but that is it.
In Cramer v. Commissioner, TC Summary Opinion 2003-2, the court ruled that since Cramer had had custody for the greater part of the year, she was the custodial parent and thus entitled to claim the exemptions unless she expressly released them to Dundra.
Dundra contended his ex-wife's signature on the divorce decree attached to his return satisfied the requirement of a statement conforming to the substance of form 8332. The court disagreed, stating that Cramer's signature on a divorce decree dated in 1988 did not indicate her intent to release exemptions in 1998. The court also noted the attachment did not conform to the substance of form 8332 as it had not specified the children's names, the year the exemptions were released or Dundra's Social Security number.
Dundra said he had not attached form 8332 because he did not think Cramer would sign it. She testified she would not have signed the form because she had no intention of releasing the dependency exemptions. Dundra also claimed he had relied on an IRS publication that said form 8332 was unnecessary and that a copy of the divorce decree granting him the dependency exemptions was sufficient.
The court replied that IRS publications are not authoritative and taxpayers rely on such publications at their own peril. The court disallowed Dundra's exemptions because he had not attached form 8332 or a statement conforming to its substance to his return and allowed Cramer the exemptions.
Does this work also if they have joint custody and the girls live in South Dakota with their Mom, most of the year except 6 weeks in the summer?
Yes, she clearly has supported them for most of the year and is entitled to consider them as dependants.
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