Just a reminder that TD 9408 is now in full bloom as it applied to tax years that began after 7/2/08.
The regulation also contains language that explains when Sec.
152(e) dealing with divorced, separated, etc.. trumps parts of Sec. 152(c) and 152(d).It makes a significant change in how a noncustodial parent is allowed to claim the dependency exemption. The custodial parent must provide IRS Form 8332 or a signed statement conforming to the language in Form 8332 to the noncustodial parent. It must be attached to the noncustodial parent's tax return (use Form 8453 if e-filing). Pages from a divorce decree or separation agreement are no longer valid.
Form 8332 now includes the ability of the custodial parent to unilaterally revoke a previous 8332.