Joann Bramante - Page 8




                                                - 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