- 3 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011