Clifford Ray Wood, Sr. and Danielle Denise Levering-Wood - Page 10

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               Congress to simplify the process of determining who is                 
               entitled to claim dependency exemptions for children of a              
               marriage.  See H. Rept. 98-432 (Part 2), at 1498 (1984).  To           
               make section 152(e)(2) work as intended, that control must             
               be preserved by insisting on adherence to the requirements             
               of section 152(e)(2) * * *                                             
               The law is clear that petitioners are entitled to the child            
          dependency exemption for JW in 2002 only if they have complied              
          with the provisions of section 152(e)(2).  Petitioners have                 
          failed in this regard.  It follows, therefore, that the exception           
          set forth in section 152(e)(2) does not apply and that the                  
          general rule of section 152(e)(1) does apply.  Accordingly,                 
          petitioners are not entitled to deduct the dependency exemption             
          deduction for JW for taxable year 2002.  Sec. 152(e)(1); Miller             
          v. Commissioner, supra.                                                     
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        for respondent.                               


















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