Janet E. Crowell - Page 9

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          children generally is entitled to claim the dependency exemption            
          deduction unless the parent having custody elects to release the            
          exemption deduction for the children in his or her custody and              
          supplies a written release to that effect.  Implicit in section             
          152(e) is that the custodial parent has the discretion and right            
          to decide whether the dependency exemption deduction is to be               
          released to the noncustodial parent.  In this case, Mrs. Crowell            
          was adamant in her testimony that she did not consent to a                  
          release of the dependency exemption deductions to her former                
          spouse, Mr. Crowell, for 11 years, including the years at issue.            
          It is patently clear to the Court, therefore, that Mrs. Crowell             
          did not intend to release the dependency exemption deductions to            
          Mr. Crowell for the 11 years following the year 1995.  The Form             
          8332, moreover, is suspect in the sense that it purportedly                 
          releases the dependency exemptions of the four children to years            
          that extend well beyond the age at which most of the children               
          would ordinarily qualify as dependents.  For example, in the year           
          2006, the last year listed on Form 8332, Cody would be 29 years             
          old, David would be 23 years old, and Ben would be 20 years old.            
          Only Beth would be 16 years old and likely could still be an                
          eligible dependent.                                                         










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