Terry U. Neal - Page 8




                                        - 8 -                                         

          form."  Sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., 49             
          Fed. Reg. 34459 (Aug. 31, 1984).2                                           
               Form 8332 is the IRS form intended to satisfy section                  
          152(e)(2), and this form requires (1) names of the children for             
          which exemption claims were released, (2) years for which the               
          claims were released, (3) signature of the custodial parent,                
          (4) Social Security number of the custodial parent, (5) date of             
          signature, and (6) name and Social Security number of the parent            
          claiming the exemption.  The Forms 8332 that petitioner attached            
          to his returns for the years at issue were not signed by Ms.                
          Mosley.  Nor did he attach to those returns any written                     
          statements that were signed by Ms. Mosley and which would, in               
          substance, comply with the requirements of section 152(e)(2).               
          Because petitioner attached to his returns Forms 8332 that were             
          not signed by Ms. Mosley as required by section 152(e)(2),                  
          respondent did not accept these Forms 8332, and disallowed the              
          dependency exemptions for each year.  Petitioner testified that             
          he was unable to procure Ms. Mosley's signature because he had no           
          idea of her whereabouts at the times he filed his respective                
          returns.  The provisions of section 152(e)(2) have not been                 

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




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011