Decision will be entered for respondent for the deficiency and for petitioner for the addition to tax.
COHEN,
Petitioner resided in California when he filed his petition. On or about May 1, 2007, petitioner was divorced from Sylvia R. Martinez (his former spouse). The marital settlement agreement signed by petitioner and by his former spouse provided in relevant part that they would have joint legal custody with shared physical custody of their three sons, born in 1991, 1995, and 1998. The agreement 2012 Tax Ct. Memo LEXIS 357">*358 provided in part: To the extent allowable under the law, Husband shall have the right to claim any federal and state dependency exemptions and credits for "[names of three minor sons omitted in accordance with
*358 During 2008, petitioner's two younger sons resided with his former spouse, and the oldest son resided with petitioner. Petitioner's oldest son attained the age of 17 in 2008.
On April 14, 2009, petitioner attempted to file his 2008 Federal income tax return, on which he claimed dependency exemption deductions 2012 Tax Ct. Memo LEXIS 357">*359 for his three sons and a child tax credit of $1,700 for the two younger sons. The electronic return was rejected, apparently because his former spouse had previously filed a return claiming one of the sons as a dependent. On April 21, 2009, petitioner mailed a paper return that was received by the Internal Revenue Service on April 23, 2009. No Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or other relevant statement was attached to either the electronic version or the paper version of petitioner's return.
The Internal Revenue Code allows as a deduction in computing taxable income an exemption for each dependent of a taxpayer. Sec. 151(c). A child of a taxpayer generally qualifies as a dependent if the child shares the same principal place of abode as the taxpayer for more than one-half of the tax year in issue. Sec. 152(a), (c). However, section 152(e)(1) limits the dependency exemption deduction where the child's parents live apart.
*359 In the case of divorced or separated parents, special rules determine which parent may claim a dependency exemption deduction for a child.
The declaration required by section 152(e)(2) must be made either on Form 8332 or in a statement conforming to the substance of that form.
Section 24(a) authorizes a child tax credit with respect to each qualifying child of the taxpayer. The term "qualifying child", for purposes of the child tax credit, means a qualifying child as defined in section 152(c) who has not attained age 17. Sec. 24(c)(1). Because petitioner did not establish that his sons qualified as dependents under section 152(c) or the exception in section 152(e)(2), he does not satisfy the "qualifying child" requirement for the child tax credit under section 24. Thus, he is not entitled to the child tax credit claimed with respect to his younger sons.
To reflect the foregoing,