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Family law judges and lawyers need to be aware that in assigning the dependency exemption to a non-custodial parent, Form 8332 releasing the exemption must be secured from the custodial parent. In Shenk v. Commissioner, 140 T.C. 10, filed May 6, 2013, the U.S. Tax Court disallowed a non-custodial father's dependency exemption claim due to the mother's failure to sign Form 8332, despite a state court's divorce decree providing the dependency exemption would be divided between the parents.
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