- 5 - instructs the taxpayer to provide (1) the names of the children for whom exemption claims were released, (2) the years the claims are released, (3) the signature of the custodial parent to confirm their consent, (4) the Social Security number of the custodial parent, (5) the date of the custodial parent’s signature, and (6) the name and Social Security number of the parent claiming the exemption. If Form 8332 is not used, a statement conforming to the substance of Form 8332 must be used. See sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., supra. Petitioner did not attach a written declaration, Internal Revenue Service form, or other statement signed by Ms. O’Brien to his return. See sec. 152(e)(2)(A) and (B). No such written declaration has since been provided, and no written declaration was provided at trial. Petitioner, therefore, has not established his entitlement to the two dependency exemption deductions for the year in question. See Paulson v. Commissioner, T.C. Memo. 1996-560. Although the divorce decree provides that petitioner is entitled to the dependency exemption deductions, it cannot by its own terms determine issues of Federal tax law. Commissioner v. Tower, 327 U.S. 280 (1946); Kenfield v. United States, 783 F.2d 966 (10th Cir. 1986); Neal v. Commissioner, T.C. Memo. 1999-97; Nieto v. Commissioner, T.C. Memo. 1992-296. When asked whether he had pursued Ms. O’Brien’s compliance with the terms of thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011