Steve Dale Horn - Page 5




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          or children named on the form for the tax years specified on the            
          form.  A written declaration that is made other than on Form 8332           
          must “conform to the substance of such form.”  Sec. 1.152-4T(a),            
          Q&A-3, Temporary Income Tax Regs., supra.                                   
               If the custodial parent releases the exemption for more than           
          1 year, “the original release must be attached to the return of             
          the noncustodial spouse and a copy of such release must be                  
          attached to his/her return for each succeeding taxable year for             
          which he/she claims the dependency exemption.”  Id. at Q&A-4.               
               It is undisputed that Rochelle was the children’s custodial            
          parent during 1998.  Accordingly, under the general rule of                 
          section 152(e)(1), Rochelle gets the exemptions for the children.           
          As explained below, petitioner has not shown that Rochelle                  
          released her claim to the exemptions in accordance with the                 
          provisions of section 152(e)(2).                                            
               The unsigned and undated Form 8332 which petitioner attached           
          to his 1998 Form 1040A is invalid as a release of Rochelle’s                
          claim to the exemptions.  See Miller v. Commissioner, supra at              
          190-191.                                                                    
               Moreover, Rochelle’s February 9, 1995, handwritten note,               
          indicating that she agreed to “give” petitioner the exemptions              
          “only if it does not interfer[e] with my ability to receive                 
          Federal Student Aid”, does not meet the requirements of a valid             
          release pursuant to section 152(e)(2) or otherwise conform to the           
          substance of Form 8332, as required by the applicable                       





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