Cheryl J. Miller - Page 21




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           U.S. Citizens Abroad); Adler v. Commissioner, 330 F.2d 91, 93                               
           (9th Cir. 1964), affg. T.C. Memo. 1963-196 (Your Federal Income                             
           Tax for Individuals).  The authoritative sources of Federal tax                             
           law are the statutes, regulations, and judicial decisions; they                             
           do not include informal IRS publications.  See Zimmerman v.                                 
           Commissioner, 71 T.C. 367, 371 (1978), affd. 614 F.2d 1294 (2d                              
           Cir. l979).                                                                                 
                 Section 152(e)(2) clearly requires that the custodial parent                          
           release the dependency exemption for a child by signing a written                           
           declaration to that effect in order for the noncustodial parent                             
           to claim the child’s dependency exemption.  The control over a                              
           child’s dependency exemption conferred on the custodial parent by                           
           section 152(e)(2) was intended by Congress to simplify the                                  
           process of determining who is entitled to claim dependency                                  
           exemptions for children of a marriage.  See H. Rept. 98-432 (Part                           
           2), at 1498 (1984).  To make section 152(e)(2) work as intended,                            
           that control must be preserved by insisting on adherence to the                             
           requirements of section 152(e)(2).  Simply attaching a State                                
           court order that is not signed by the custodial parent to the                               
           return of the noncustodial parent does not satisfy the express                              
           statutory requirements of section 152(e)(2)(A).  Although the                               
           Permanent Orders granted Mr. Lovejoy the right to claim the                                 
           dependency exemptions for his children, a State court cannot                                
           determine issues of Federal tax law.  See Kenfield v. United                                





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