- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011