Brooks Edward Omans and Tonya Renee Omans Rateau - Page 13

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          dispute.  See King v. Commissioner, 121 T.C. 245, 253 (2003);               
          Bramante v. Commissioner, supra.  Although we generally do not              
          look behind the notice of deficiency to examine the evidence used           
          or the propriety of the Commissioner’s motives or of the                    
          administrative policy or procedure involved in making the                   
          determinations, Greenberg’s Express, Inc. v. Commissioner, 62               
          T.C. 324, 327 (1974), the stipulated facts indicate that not only           
          was petitioner current on his court ordered and monitored child             
          support obligation, but that petitioner would have had a                    
          difficult time in procuring a properly signed Form 8332 from the            
          custodial parent.10  Therefore, without insisting that petitioner           
          further rely on the doubtful cooperation of the custodial parent,           
          we find that the attached settlement agreement satisfied the                
          written declaration requirement of section 152(e)(2).                       
               As seen in the legislative history, underlying section                 
          152(e)(2) is Congress’s recognition of the use of dependency                
          exemption deductions in divorce settlements.  The legislative               
          history of section 152(e) illustrates how various literal                   
          expressions have failed to implement the congressional intent of            


          10   Rule 91(a)(1) requires the parties to stipulate to the                 
          fullest extent all matters not privileged that are relevant to              
          the case, regardless of whether such matters involve fact or                
          opinion or the application of the law to fact.  Stipulations are            
          binding on the parties to the stipulation, unless the parties               
          agree otherwise or the Court relieves a party from the binding              
          effect “where justice requires.”  Rule 91(e).  Justice does not             
          require us to disregard any of the stipulations in this case.               





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