- 8 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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