- 11 - The issue regarding the dependency exemptions was raised by Ms. Miller in a motion for leave to amend her petition shortly before trial. Ms. Miller has the burden of proof regarding her entitlement to the dependency exemptions in her case. See Rule 142(a). In Mr. Lovejoy's case, respondent moved to amend his answer to assert protectively that if Ms. Miller was entitled to claim the dependency exemptions, Mr. Lovejoy was not. Therefore, respondent bears the burden of proving that Mr. Lovejoy is not entitled to the dependency exemptions. See id. We accept Mr. Lovejoy's testimony that he attached a copy of the relevant portions of the Permanent Orders to his income tax returns for the years at issue. We still must decide, however, whether attaching the Permanent Orders to Mr. Lovejoy's tax returns satisfied the requirements of section 152(e)(2) and section 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., supra. The answer to the question depends upon whether the Permanent Orders qualify as a "written declaration" signed by Ms. Miller confirming that she will not claim the dependency exemptions with 7(...continued) order to file electronically, a taxpayer must sign and file Form 8453, U.S. Individual Income Tax Declaration for Electronic Filing, and transmit it with other paper documents that cannot be filed electronically. Form 8453 must be received by the Internal Revenue Service (IRS) before any electronically filed return is complete. See Rev. Proc. 94-11, 1994-1 C.B. 557, 558. Form 8453 for 1994 and the attachments to it were not made a part of the record at trial.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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