Cheryl J. Miller - Page 16




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           case, such approval does not operate as a waiver of counsel’s                               
           objections to the terms of the order or the application of                                  
           substantive law in the order).  We believe that the signature of                            
           Ms. Miller’s attorney in this case merely signified that Ms.                                
           Miller’s attorney had reviewed and approved the form of the                                 
           Permanent Orders while preserving Ms. Miller’s right to appeal                              
           from the rulings reflected in the Permanent Orders.  See id.                                
                 The signature requirement of section 152(e)(2) demands more                           
           than simply an acknowledgment regarding form; the signature of                              
           the custodial parent must confirm the custodial parent’s                                    
           intention to release the dependency exemption to the noncustodial                           
           parent and signify her agreement not to claim the dependency                                
           exemption herself.  The signature of Ms. Miller’s attorney                                  
           approving the form of the Permanent Orders does not satisfy the                             
           mandate of section 152(e)(2).8                                                              
           Is the Signature of the State Court Judge on the Permanent Orders                           
           Sufficient To Satisfy the Signature Requirement of Sec.                                     
           152(e)(2)?                                                                                  
                 Mr. Lovejoy’s principal argument is that the Permanent                                
           Orders are sufficient to establish his entitlement to the                                   
           dependency exemptions because the State court gave him the right                            
           to claim them on his tax returns.  Ms. Miller and respondent                                

                  8Our conclusion is limited to the facts of this case.  We do                         
            not decide whether there are any circumstances under which the                             
            signature of a custodial parent’s attorney can ever satisfy the                            
            signature requirement of sec. 152(e)(2).                                                   





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