William R. and Deborah L. Cramer - Page 8




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          parent and signify her agreement not to claim the dependency                
          exemption herself.”  Miller v. Commissioner, supra at 193                   
          (emphasis added).                                                           
               Because Charles and Daniel lived with Cramer for the                   
          majority of the 1998 year, Cramer is the custodial parent.                  
          Accordingly, Cramer is entitled to claim the children as                    
          dependents unless she expressly releases the dependency                     
          exemptions to Dunda, the noncustodial parent.  Dunda contends               
          that, although Cramer did not execute a Form 8332, Cramer’s                 
          signature on the divorce decree attached to the Dundas’ return              
          satisfies the requirements of a statement conforming to the                 
          substance of Form 8332.  We disagree.  Dunda’s attaching a copy             
          of the divorce decree to his tax return does not satisfy the                
          requirements of section 152(e)(2) and does not conform to the               
          substance of Form 8332.  See Miller v. Commissioner, supra at               
          191; see also Loffer v. Commissioner, T.C. Memo. 2002-298                   
          (holding that attaching a copy of the divorce decree, which                 
          included a signature of the custodial parent but no specification           
          of the child claimed as a dependent or of the year, did not                 
          conform to the substance of Form 8332).                                     
               Cramer’s signature on the last page of the divorce decree,             
          executed by her several weeks prior to the court hearing in that            
          matter in 1988, does not indicate Cramer’s intent to release the            
          dependency exemptions for 1998 on a tax return prepared more than           
          10 years later.  At trial, Dunda not only stated that he did not            




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