James M. Melton - Page 6

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               Pursuant to the regulations, the Internal Revenue Service              
          issued Form 8332, Release of Claim to Exemption for Child of                
          Divorced or Separated Parents, as a way to satisfy the written              
          declaration requirement of section 152(e)(2).  Form 8332                    
          instructs the taxpayer to provide (1) the names of the children             
          for whom exemption claims were released, (2) the years the claims           
          are released, (3) the signature of the custodial parent to                  
          confirm their consent, (4) the Social Security number of the                
          custodial parent, (5) the date of the custodial parent’s                    
          signature, and (6) the name and Social Security number of the               
          parent claiming the exemption.  If Form 8332 is not used, a                 
          statement conforming to the substance of Form 8332 must be used.            
          See Miller v. Commissioner, 114 T.C. 184 (2000); sec. 1.152-                
          4T(a), Q&A-3, Temporary Income Tax Regs., supra.                            
               Petitioner did not attach a written declaration, Internal              
          Revenue Service form, or other statement signed by the custodial            
          parent to his return.  See sec. 152(e)(2)(A) and (B).                       
          Petitioner, therefore, did not establish entitlement to the                 
          dependency exemption deductions for the year in question.  See              
          Paulson v. Commissioner, T.C. Memo. 1996-560.                               
               Although the Judgment of Divorce provides that petitioner              
          may be entitled to the dependency exemption deduction, it cannot            
          by its own terms determine issues of Federal tax law.  See                  
          Commissioner v. Tower, 327 U.S. 280 (1946); Kenfield v. United              






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