Cheryl J. Miller - Page 2




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                  returns as support for the claimed dependency                                        
                  exemptions.  The Permanent Orders were not signed by W                               
                  consenting to the release of the dependency exemptions                               
                  to H.  The Permanent Orders were executed by the State                               
                  court judge and were signed by W’s attorney signifying                               
                  approval as to form.                                                                 
                        Held: The Permanent Orders do not qualify as a                                 
                  written declaration signed by the custodial parent                                   
                  confirming that the custodial parent will not claim                                  
                  the children as dependents for 1993 and 1994.  Thus,                                 
                  attaching the Permanent Orders to H’s tax returns did                                
                  not satisfy the requirements of sec. 152(e)(2), I.R.C. and                           
                  H is not entitled to claim the dependency exemptions                                 
                  for his minor children.                                                              


                  William C. Waller, Jr., for petitioner in docket                                     
            No. 8094-97.                                                                               
                  Thomas G. Hodel, for petitioner in docket No. 8158-97.                               
                  Sara J. Barkley, for respondent.                                                     


                  MARVEL, Judge:  Respondent determined deficiencies in the                            
            Federal income tax of petitioner Cheryl J. Miller, formerly                                
            Cheryl J. Lovejoy (Ms. Miller), for the taxable years 1993 and                             
            1994 of $8,863 and $2,766, respectively.  Respondent also                                  
            determined deficiencies in the Federal income tax of petitioner                            
            John H. Lovejoy (Mr. Lovejoy) for the taxable years 1993 and 1994                          
            of $12,018 and $5,905, respectively.                                                       
                  These cases have been consolidated for purposes of trial,                            
            briefing, and opinion because they involve common questions of                             








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