Scott David Duby - Page 3




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          his current child support and child support arrearage                       
          obligations, Aguirre “shall execute the necessary I.R.S. forms to           
          transfer the exemption” to petitioner.                                      
               Subsequently, on July 1, 1999, there was an evidentiary                
          hearing concerning custody at which petitioner was present and              
          represented by counsel, but Aguirre was neither present nor                 
          represented by counsel.  After this hearing the divorce court               
          issued an order in open court on September 10, 1999, nunc pro               
          tunc to July 27, 1999 (temporary child custody order), granting             
          temporary custody of the children to petitioner. The temporary              
          child custody order states that “apparently, the Mother                     
          [Aguirre], has taken the children, and he [petitioner] is not               
          able to exercise his visitation at the present time”, and that              
          Aguirre was in violation of a prior visitation order.1                      
               On his 1999 Federal income tax return, petitioner claimed              
          dependency exemption deductions for the three children.  He did             
          not attach to that tax return a copy of Form 8332, Release of               
          Claim to Exemption for Child of Divorced or Separated Parents, or           
          any statement conforming to the substance of Form 8332.                     

               1  Petitioner contends that Aguirre is involved with a cult            
          and has abducted the children to Mexico.  These allegations are             
          not disputed by respondent.  However, this Court is a court of              
          limited jurisdiction.  Sec. 7442.  “We may only exercise                    
          jurisdiction to the extent expressly permitted by Congress.”                
          Judge v. Commissioner, 88 T.C. 1175, 1180-1181 (1987).  A remedy            
          for the alleged abduction of petitioner’s children is beyond this           
          Court’s jurisdiction, and, accordingly, we have not considered              
          this matter further.                                                        





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