Phillip James Burke and Gail Agnes Storey - Page 6

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          a completed Form 8332 or otherwise conform to the substance of              
          Form 8332.  Sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs.,            
          supra.  The exemption may be released for a single year, for a              
          number of specified years, or for all future years, as specified            
          in the declaration.  Sec. 1.152-4T(a), Q&A-4, Temporary Income              
          Tax Regs.                                                                   
               Petitioner attached a statement and “a copy of the                     
          applicable pages of the divorce decree” to his 1999 income tax              
          return.  Petitioner, the noncustodial parent, claimed the                   
          dependency exemptions for his minor children for the year in                
          issue pursuant to a provision in the divorce decree, which stated           
          that petitioner “is awarded the tax deduction for the children              
          for which support is being paid until such time as Respondent               
          [Ms. Burke] can provide evidence that her direct contribution to            
          their support exceeds that of Petitioner, determination to be               
          based on IRS guidelines.”                                                   
               Petitioner claims that his statement (including the                    
          attachment) constitutes a declaration which conforms to the                 
          substance of Form 8332.  Respondent’s position is that the                  
          statement does not conform to the substance of Form 8332.  We               
          agree with respondent.                                                      
               We hold that petitioner is not entitled to claim the                   
          exemptions in question because the statement does not state                 
          unconditionally that Ms. Burke will not claim the children as               






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