Keith A. Brettin - Page 4

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          deductions for their son, and required Mrs. Brettin to sign a               
          Form 8332, Release of Claim to Exemption for Child of Divorced or           
          Separated Parents, annually.2  The agreement did not contain the            
          child's name or the Social Security number of either petitioner             
          or Mrs. Brettin.                                                            
               Petitioner timely filed a Form 1040, U.S. Individual Income            
          Tax Return, for 2000.  On that return, he claimed a dependency              
          exemption deduction for his son.  Mrs. Brettin did not sign a               
          Form 8332 or a statement conforming to the substance of Form                
          8332, and petitioner did not attach such documentation to his               
          Form 1040.                                                                  
               When petitioner attempted to electronically file his tax               
          return for 2000, he was notified that respondent had received two           
          or more 1998 Federal individual income tax returns using the same           
          Social Security number to claim a tax benefit.  In a notice of              
          deficiency dated May 6, 2002, respondent disallowed the                     
          dependency exemption deduction, and the child tax credit                    
          petitioner claimed.                                                         
                                     Discussion                                       
               The Commissioner's determinations in a notice of deficiency            
          are presumed correct, and generally, taxpayers bear the burden of           


               2In the original draft of the agreement, petitioner and Mrs.           
          Brettin had agreed that Mrs. Brettin would sign Forms 8332 "for             
          all future years".  That language was changed to "on a yearly               
          basis".                                                                     




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