Jeffrey R. King and Sabrina M. King - Page 14

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          not otherwise agreed to be relieved from the binding effect of              
          stipulation 10.  Additionally, as explained below, justice does             
          not require us to disregard the stipulation.                                
               Stipulation 10 states that the release contained in the Form           
          8332 was not just for 1987; it was for each and every year after            
          1987.  The Form 8332 itself clearly demonstrates that Mrs. King             
          intended to release her claim to exemptions for 1987 and all                
          subsequent years, and we reject respondent’s new argument that              
          the omission of the word “all” renders the release ineffective.12           
               The Kings are also bound by the stipulation.  However, we              
          briefly discuss why their arguments are not grounds for finding             
          that the Form 8332 was invalid with respect to the years in                 
          issue.  Mrs. King’s overall testimony at trial indicates that she           
          was not under duress at the time she signed the Form 8332.  Mrs.            
          King testified that Mr. Lopez did not threaten her on the day she           
          executed the Form 8332 or otherwise force her to sign the                   
          document. Mrs. King’s allegations of abuse involve isolated                 
          incidents not contemporaneous with her signing of the Form 8332             
          and do not support a finding under either Federal or State law              
          that there was an unlawful threat or pattern of abuse or mental             


               12In any event, we find respondent’s argument that the Form            
          8332 is ineffective because it lacks the word “all” strained and            
          unpersuasive.  The words “future years” written on the form                 
          clearly indicate that the claim for the exemption deduction was             
          intended to be released not just for 1987 but for each and every            
          year thereafter.                                                            





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