Tommie and Felecia Vernell Wilder - Page 7

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          the custodial parent confirming his or her consent; (4) the                 
          Social Security number of the custodial parent; (5) the date of             
          the custodial parent’s signature; and (6) the name and the Social           
          Security number of the parent claiming the exemption.  Miller v.            
          Commissioner, supra at 190.                                                 
               Petitioner and Ms. Williams lived apart during the last 6              
          months of 2002.  We therefore apply the support test found in               
          section 152(e).  See sec. 152(e)(1)(A)(iii).  Petitioner                    
          testified that the children lived with Ms. Williams during the              
          year in issue.  Accordingly, Ms. Williams was the custodial                 
          parent, and petitioner was the noncustodial parent for purposes             
          of section 152(e).  Petitioners are not entitled to the claimed             
          dependency exemptions unless they complied with the provisions of           
          section 152(e)(2) and the regulations thereunder by attaching to            
          their return a written declaration or Form 8332 executed by Ms.             
          Williams.  Petitioners did not attach such a declaration or Form            
          8332 to their return, and, as a result, they are not entitled to            
          deduct dependency exemptions for BW and TW in 2002.                         
          Issue 2.  Estoppel                                                          
               Petitioner contends that sometime in the mid-1990s, he spoke           
          to an Internal Revenue Service (IRS) employee about claiming BW             
          and TW as dependents.  According to petitioner, the IRS employee            
          indicated that the children qualified as petitioners’ dependents            
          for Federal income tax purposes.  Petitioner asserts that for the           






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