Cheryl J. Miller - Page 13




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           declaration is attached to the return of the noncustodial parent,                           
           see sec. 152(e)(2)(B).  Form 8332 incorporates the statutory                                
           requirement; Form 8332 is valid only when signed by the custodial                           
           parent.  By signing the document, the custodial parent                                      
           affirmatively consents to the release of the dependency exemption                           
           to the noncustodial parent.                                                                 
                 In this case, Mr. Lovejoy did not attach Form 8332 to his                             
           Federal income tax returns for 1993 or 1994.  In fact, he did not                           
           even ask Ms. Miller to sign Form 8332.  Instead, he attached                                
           portions of the Permanent Orders to his returns.  As a result,                              
           unless the Permanent Orders qualify as a statement conforming to                            
           the substance of Form 8332, see sec. 1.152-4T(a), Q&A-3,                                    
           Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984),                             
           Mr. Lovejoy has not satisfied the requirements of either section                            
           152(e)(2) or the applicable regulation.  We turn, therefore, to a                           
           review of the Permanent Orders.                                                             
           The Written Declaration Requirement: Are the Permanent Orders a                             
           Statement Conforming to the Substance of Form 8332?                                         
                 Comparing the Permanent Orders with Form 8332 reveals                                 
           several differences between the two documents.  Form 8332                                   
           requires a taxpayer, among other things, to furnish the years for                           
           which the claims were released, the signature of the custodial                              
           parent, the date of that signature, and the Social Security                                 
           number of the custodial parent.  By contrast, the Permanent                                 






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