William R. and Deborah L. Cramer - Page 10




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          conform to the substance of Form 8332 in part because it failed             
          to include the years for which the exemption claims would be                
          released and the Social Security numbers of either parent);                 
          Cafarelli v. Commissioner, T.C. Memo. 1994-265 (holding that the            
          Form 8332 was not an effective release of the custodial parent’s            
          dependency exemption in part because the noncustodial parent did            
          not specify the year for which the exemption claims would be                
          released).                                                                  
               The copy of the last page of the divorce decree that the               
          Dundas attached to their 1998 return plainly is not an effective            
          release of Cramer’s claim to dependency exemption deductions for            
          1998.                                                                       
               Dunda contends that he relied on a publication provided by             
          the Internal Revenue Service indicating that Form 8332 was                  
          unnecessary and that the copy of the divorce decree granting him            
          the right to claim the dependency exemption deductions was                  
          sufficient.  Well-established precedent, however, states that               
          taxpayers rely on such publications at their peril.  Miller v.              
          Commissioner, supra at 195.  Administrative guidance contained in           
          IRS publications is not binding on the Government, nor can it               
          change the plain meaning of the tax statutes.  Id. (citing                  
          Johnson v. Commissioner, 620 F.2d 153, 155 (7th Cir. 1980), affg.           
          T.C. Memo. 1978-426; Adler v. Commissioner, 330 F.2d 91, 93 (9th            
          Cir. 1964), affg. T.C. Memo. 1963-196)).  The authoritative                 






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