Dependent exemption - help

[KJ Judd]

Client thought he was entitled to son's exemption. Ex-wife already filed claiming son. Divorce agreement says wife gets until client has more than $30k earned income. Client has $50k IRA withdrawal with penalty. So he owes $4k more in taxes for the change to single, no dependents.

He's trying to talk the wife into giving him the dependency exemption this year. They share custody & support 50/50. I believe she has the higher AGI. So I think unless he gets her to sign Form 8332, he stuck. However, does he need to get her to sign and attach to his original paper filed return by tomorrow? I thought I read somewhere the Form needs to be attached by original due date of the tax return. But in the crunch to get my last few filers out, I can't seem to find this. (Don't you love it when they wait to the last minute and then want you to bail them out?)

Any suggetions would be appreciated. I really haven't hit this situation before and with the new "qualifying child" rules, I'm feel like I'm starting over. Thanks all!

[solomon]

It is unlikely that the custody in reality comes out to 50/50. It is based on the number of days and unless it were a leap year this ratio would be impossible. If the wife had physical custody 183 days or more, she as the custodial parent would have to execute a 8332 for the ex-husband to claim the dependency and attached to his return. See Sec. 152. Under the Proposed Regs. the number of nights will determine custody. The divorce decree is probably moot regarding custody - for sure under the new to be regs - I should say changes to the existing Reg.

[KJ Judd]

Does the Form 8332 need to be attached to the original tax return? Or is it valid if attached to an amended tax return? (And the ex-wife amends her tax return.)