- 10 - The declaration required under section 152(e)(2) must be made either on a completed Form 8332 or on a statement conforming to the substance of Form 8332. See sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., supra. The exemption may be released for a single year, for a number of specified years, or for all future years "as specified in the declaration." Sec. 1.152- 4T(a), Q&A-4, Temporary Income Tax Regs., supra. In this case, Mr. Lovejoy, the noncustodial parent, claimed the dependency exemptions for his minor children for each of the years at issue pursuant to a provision in the Permanent Orders which summarily stated that Mr. Lovejoy "shall claim both of [his] children on his tax returns as exemptions." At trial, Mr. Lovejoy testified that, although he did not ask Ms. Miller, the custodial parent, to complete or sign Form 8332, he did attach a copy of portions of the Permanent Orders to each of his returns for 1993 and 1994 prior to filing the returns.7 7The copies of Mr. Lovejoy's 1993 and 1994 returns, which were admitted into evidence as exhibits to the stipulation of facts, did not include any part of the Permanent Orders as attachments. Mr. Lovejoy explained this omission by pointing out that the stipulations were negotiated and agreed upon before any issue regarding the dependency exemptions was raised and that someone in the Service Center could have removed the attachments. In her opening statement, respondent's counsel acknowledged this was possible. We also note that the returns in evidence were incomplete in other ways. For example, the 1994 return was filed electronically. Although what purports to be the 1994 return in the record summarizes the information included on the electronically filed return, there is no signature page. In (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011