Michael Kevin and Vickie P. Boltinghouse - Page 6

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          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 the             






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