Cheryl J. Miller - Page 18




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                 In Neal, the taxpayer, a noncustodial parent who had claimed                          
           dependency exemptions for all three of his children on his                                  
           Federal income tax returns for the years at issue, supported his                            
           claim to the exemptions by attaching Forms 8332 (one for each                               
           child) and copies of the Decree of Dissolution and a State court                            
           order amending the decree.  The decree as amended by the related                            
           order granted him the right to claim the dependency exemption for                           
           one of his children but was silent with respect to the other two                            
           children.  The Forms 8332 were not signed by the custodial                                  
           parent.  He made no effort to obtain the signature of the                                   
           custodial parent on the Forms 8332 or on any other document that                            
           might qualify as their substantive equivalent.  The taxpayer in                             
           Neal relied on publications of the IRS which, he claimed,                                   
           required only that the noncustodial parent attach to his returns                            
           a copy of the decree or order granting him the right to claim the                           
           dependency exemption for his child.  The publications were not                              
           introduced into evidence.  Based on certain testimony in the                                
           case, we assumed without deciding that the IRS’s publications                               
           required the custodial parent to sign the pertinent decree or                               
           agreement.  We concluded that, since neither the Forms 8332 nor                             
           the decree and order were signed by the custodial parent, the                               
           taxpayer did not satisfy the requirements of section 152(e)(2).                             
                 Unlike the taxpayer in Neal, Mr. Lovejoy does not rely on                             
           any IRS publication to support his claim to the dependency                                  





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