Cheryl J. Miller - Page 14




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           Orders do not list the years for which the dependency exemptions                            
           were released, and they do not bear either the signature of the                             
           custodial parent, Ms. Miller, or her Social Security number.                                
                 In order for a document to qualify as a statement conforming                          
           to the substance of Form 8332, it must contain substantially the                            
           same information required by Form 8332.  In particular, the                                 
           document must satisfy the signature requirement of section                                  
           152(e)(2).  The signature of the custodial parent is critical to                            
           the successful implementation of Congress’ plan to eliminate                                
           support-based disputes regarding dependency exemptions and to                               
           simplify the rules regarding when a noncustodial parent may claim                           
           the dependency exemptions for his or her children.                                          
                 It is beyond debate that Ms. Miller did not sign the                                  
           Permanent Orders.  The Permanent Orders were executed by the                                
           State court judge and also were signed by petitioners’ counsel                              
           signifying their approval as to form.  Section 152(e)(2)                                    
           requires the signature of the custodial parent.  We must examine,                           
           therefore, whether either the execution of the Permanent Orders                             
           by the State court judge or the signing of the Permanent Orders                             
           by Ms. Miller’s counsel as to form satisfies the signature                                  
           requirement of section 152(e)(2).                                                           











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