Cheryl J. Miller - Page 10




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            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...)                





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