- 6 - parent’s Social Security number; the noncustodial parent’s name; and the noncustodial parent’s Social Security number. Petitioners argue that attaching the copy of the signed separation agreement to their return met the requirements of section 152(e)(2). Respondent argues that the agreement does not meet the requirements of that section because (1) as stated in the notice of deficiency, the agreement was not incorporated into the final divorce decree, and (2) the agreement does not conform to the substance of Form 8332 because it does not reflect (a) the years for which the dependency exemption deductions were to be released and (b) the Social Security numbers of petitioner and Ms. Rogers. We agree with petitioners. First, there is no requirement in section 152(e)(2) or the regulations thereunder that a spouse’s waiver of her claim to a dependency exemption deduction be incorporated into a divorce decree to be effective. Such a requirement would make Form 8332 itself ineffective on its own. Furthermore, a separation agreement creates binding contractual obligations under the laws of the State of Delaware. Harry M.P. v. Nina M.P., 437 A.2d 158 (Del. 1981). Such contractual obligations do not cease upon the entry of a divorce decree, Heinsohn v. Chandler, 2 A.2d 120 (Del. Ch. 1938), and whether or not the agreement is merged or incorporated into the decree generally does not affect the contractual obligations under thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011