- 20 - Unfortunately, the fact that an IRS publication is unclear or inaccurate does not help the taxpayer. Well-established precedent confirms that taxpayers rely on such publications at their peril. Administrative guidance contained in IRS publications is not binding on the Government, nor can it change the plain meaning of tax statutes. See Johnson v. Commissioner, 620 F.2d 153 (7th Cir. 1980), affg. T.C. Memo. 1978-426 (Tax Information on Individual Retirement Savings Programs); Carpenter v. United States, 495 F.2d 175 (5th Cir. 1974) (Tax Guide for 9(...continued) preparing 1993 returns). None of these publications states how the signature requirement referenced earlier in the publications applies to the decree or agreement. In contrast, in Publication 504, Divorced or Separated Individuals, (for use in preparing 1994 returns) the IRS revised its guidance to taxpayers to clarify that the decree or agreement on which the noncustodial parent relies must contain the signature of the custodial parent: Noncustodial Parent Similar statement. If your divorce decree or separation agreement made after 1984 unconditionally states that you can claim the child as your dependent, you can attach to your return copies of the following pages from the decree or agreement instead of Form 8332: 1) The cover page (write the other parent’s social security number on this page), 2) The page that unconditionally states you can claim the child as your dependent, and 3) The signature page with the other parent’s signature and the date of the agreement.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011