Monday, July 6, 2009


Larry, I am supposed to claim one or both of my kids in all of the years-2006 through 2008. The problem is, my wife will not sign the form to release the exemption. Do you have any thoughts on what I should do?


Doug, unfortunately, you can't claim the kids without the signed Form 8332. If your wife will not sign this form, you will have to take her to court due to a contract violation (the divorce decree). Tax law and contract law are two separate issues. The IRS will not get involved. They say 8332 or no exemption.

If you should claim the children without the 8332 you will receive a notice from the IRS and this could be an audit red flag.

I wish you the best of luck with this situation.

Larry Kopsa CPA