Steve A. and Donna Wood Chamberlain - Page 7




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          4T(a), Temporary Income Tax Regs, supra.4  The determinations by            
          the Commissioner in a notice of deficiency are presumed correct,            
          and the burden of proof is on the taxpayer to prove that the                
          determinations are in error.  Rule 142(a); Welch v. Helvering,              
          290 U.S. 111, 115 (1933).                                                   
               Petitioners do not contest failing to attach a valid Form              
          8332 or an equivalent written declaration to their 2003 joint               
          return.  They have made considerable efforts to locate a copy of            
          the 1995 Form 8332, but have succeeded only in verifying its one            
          time existence by eliciting Mrs. Norris’s 2006 confirmatory                 
          letter.  Petitioners now ask us to retroactively apply this                 
          missing Form 8332 to their 2003 joint return.  This we cannot do.           
               Failure to attach a valid Form 8332, or an equivalent                  
          written declaration disqualifies a noncustodial taxpayer from               
          claiming a dependency exemption for the child of a previous                 
          marriage.  Paulson v. Commissioner, T.C. Memo. 1996-560; Peck v.            
          Commissioner, T.C. Memo. 1996-33; see also Brissett v.                      
          Commissioner, T.C. Memo. 2003-310 (compliance with terms of                 
          separation agreement not sufficient to authorize dependency                 
          exemption without attaching valid Form 8332 or equivalent); Neal            
          v. Commissioner, supra (affixing unsigned Forms 8332 to                     
          taxpayer’s returns resulted in disallowance of dependency                   

               4Temporary regulations have binding effect and are entitled            
          to the same weight as final regulations.  Peterson Marital Trust            
          v. Commissioner, 102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d            
          Cir. 1996).                                                                 





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