Phillip James Burke and Gail Agnes Storey - Page 7

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          exemptions, or otherwise conform to the substance of Form 8332,             
          as required by the applicable regulations.  Sec. 152(e)(2)(A);              
          Horn v. Commissioner, T.C. Memo. 2002-290; Cafarelli v.                     
          Commissioner, T.C. Memo. 1994-265; White v. Commissioner, T.C.              
          Memo. 1996-438.  In fact, Ms. Burke claimed the three exemptions            
          for her children on her 1999 income tax return.  We also note               
          that the statement does not conform with Form 8332 because it               
          does not expressly set forth the name of each of the three                  
          children, although Kathryn is mentioned in another provision, and           
          because it does not specify the year, years, or all future years.           
          Miller v. Commissioner, 114 T.C. 184, 191-192 (2000).  Lastly,              
          the statement is not an unrestricted release of the exemptions to           
          petitioner because it is conditioned on a support test.                     
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             for respondent.                          

















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