- 8 - resolved without the involvement of the Internal Revenue Service.” Id. at 1499. In this case, petitioner executed the Form 8332, the consequences of which she now attempts to avoid. If we were to relieve her of those consequences under these circumstances, we essentially would have to ignore the language of the statute, the regulations, and the legislative history. The result is to permit the whipsaw that Congress sought to prevent. For section 152(e) to operate as intended by Congress, strict adherence to the literal requirements of section 152(e) must be observed. See Miller v. Commissioner, supra at 196; Cafarelli v. Commissioner, T.C. Memo 1994-265. We will not ignore the Form 8332 here. Petitioner executed the form, and she is bound by its terms with regard to the year before the Court. 2. Child Tax Credit Section 24(a) provides that a taxpayer may claim a credit for “each qualifying child”. A qualifying child is defined, inter alia, as any individual if “the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year”. Sec. 24(c)(1)(A). For the reasons stated above, petitioner may not claim dependency exemption deductions for the children under section 151, and, therefore, she may not claim a child tax credit.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011