William C. and Katherine H. White - Page 6

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               In the present case, the exceptions described as paragraphs            
          (2) and (3) above, in section 152(e)(3) and (4), do not apply.              
          There was no multiple support agreement and no pre-1985                     
          instrument since petitioner's divorce decree was rendered after             
          1985.  Therefore, petitioner is only entitled to the dependency             
          exemptions if the requirements of section 152(e)(2) are met,                
          described as paragraph (1) above.                                           
               Section 152(e)(2)(A) specifically requires that the                    
          custodial parent sign "a written declaration (in such manner and            
          form as the Secretary may by regulations prescribe) that such               
          custodial parent will not claim such child as a dependent".                 
          Pursuant to this statutory provision, temporary regulations were            
          promulgated that provide that, "The written declaration may be              
          made on a form to be provided by the Service for this purpose.              
          Once the Service has released the form, any declaration made                
          other than on the official form shall conform to the substance of           
          such form."  Sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs.,           
          49 Fed. Reg. 34459 (Aug. 31, 1984).2  Internal Revenue Service              
          Form 8332, Release of Claim to Exemption for Child of Divorced or           
          Separated Parents, requires the (1) name of the children for                

          2                                                                           
               The Court notes that temporary regulations have binding                
          effect and are entitled to the same weight as final regulations.            
          Peterson Marital Trust v. Commissioner, 102 T.C. 790, 797 (1994),           
          affd. 78 F.3d 795 (2d Cir. 1996); Truck & Equipment Corp. v.                
          Commissioner, 98 T.C. 141, 149 (1992); see LeCroy Research                  
          Systems Corp. v. Commissioner, 751 F.2d 123, 127 (2d Cir. 1984),            
          revg. on other grounds T.C. Memo. 1984-145.                                 




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