Sherald Lynn and Susan Jana Davis - Page 9




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          Identities (Pub. No. GAO/GCD 95-148) (Aug. 30, 1995) (describing            
          the difficulty in tracking individuals without correct TIN’s in             
          the IRS computer system).  For example, respondent’s computer               
          programs would not be able to detect easily whether divorced                
          parents are both trying to claim their children as dependents.              
          See Miller v. Commissioner, 114 T.C. at ___ (slip op. at 10).               
          Under these circumstances, the Government does not have an                  
          obligation to tolerate the risk of individuals’ fraudulently                
          obtaining benefits.                                                         
               We find that requiring petitioners to use SSN’s to claim               
          dependency exemptions for their children is the least restrictive           
          means of furthering the compelling governmental interest of                 
          preventing fraud.  Accordingly, we hold that the required use of            
          SSN’s is not a violation of RFRA.                                           
          Privacy Act of 1974                                                         
               The Privacy Act makes it unlawful for any “government agency           
          to deny to any individual any right, benefit or privilege * * *             
          because of such individual’s refusal to disclose his social                 
          security account number.”  Privacy Act sec. 7(a)(1), 5 U.S.C.               
          sec. 552a (1994).  However, section 7(a)(1) of the Privacy Act is           
          not applicable to “any disclosure which is required by Federal              
          statute.”  Privacy Act sec. 7(a)(2)(A).  Section 151(e) is a                
          Federal statute that requires the disclosure of a dependent’s               








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