Ricky C. Hutchinson and Tammy L. McNichol - Page 8

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          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.                                                             








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