- 7 - understanding of the return preparer. Mr. McNichol was also unfamiliar with Form 8332. Mrs. McNichol testified at trial and corroborated the testimony of Mr. McNichol. There is no indication from the record that Mr. McNichol or anyone else threatened or applied pressure on petitioner to sign the Form 8332. While their relations with each other were obviously strained, the Court is satisfied that petitioner signed the document without any threat or intimidation by her former spouse. Petitioner did not sign the form under duress. In King v. Commissioner, 121 T.C. 245, 253 (2003), where the former spouse challenged the validity of the Form 8332, the Court noted: “it was Mrs. King’s duty to make the appropriate inquiries before she signed the Form 8332 permanently releasing her claim to exemption deductions * * *, and we will not ignore the properly executed form because she now contends that she did not intend to release her claim for the years in issue.” Respondent, therefore, is sustained. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011