Waylon D. Ary - Page 9




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               152(e)(2) work as intended, that control must be                       
               preserved by insisting on adherence to the requirements                
               of section 152(e)(2) * * *.                                            
               Finally, petitioner alleges that an IRS representative                 
          advised him that he could claim exemptions for Corey and Danan              
          based on the Iowa State court’s decree.  However, with exceptions           
          not applicable to this case,4 the Commissioner is not bound by              
          erroneous legal advice given by his agents.  Dixon v. United                
          States, 381 U.S. 68, 72-73 (1965); Auto. Club of Mich. v.                   
          Commissioner, 353 U.S. 180, 183-184 (1957); McGuire v.                      
          Commissioner, 77 T.C. 765, 779-780 (1981).  In other words,                 
          taxpayers are required to heed, and we are required to give                 
          effect to, the law as actually enacted by Congress and not the              
          law as it may be misinterpreted by agency representatives.                  
               In view of the foregoing, we sustain respondent’s                      
          determination on this issue.                                                
               B.  Child Tax Credit                                                   
               Section 24(a) authorizes a $400 child tax credit with                  
          respect to each “qualifying child” of the taxpayer.  The term               
          “qualifying child” is defined in section 24(c).  As relevant                
          herein, a “qualifying child” means an individual with respect to            
          whom the taxpayer is allowed a deduction under section 151.  Sec.           
          24(c)(1)(A).                                                                


               4  See, e.g., sec. 6404(f); Estate of Emerson v.                       
          Commissioner, 67 T.C. 612, 618 (1977).                                      





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