Steve A. and Donna Wood Chamberlain - Page 8




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          exemptions for corresponding taxable years regardless of                    
          provisions of divorce decree).                                              
               Although we are sympathetic with petitioners’ plight, “we              
          are bound by the wording of the statute as enacted and the                  
          accompanying regulations, when consistent therewith.”  Michaels             
          v. Commissioner, 87 T.C. 1412, 1417 (1986).  The language of                
          section 152(e), as manifested through its accompanying                      
          regulations, is unambiguous.  It grants the dependency exemption            
          to a noncustodial parent only where he or she attaches a valid              
          Form 8332 or its equivalent to a Federal income tax return for              
          the taxable year in which he or she claims the exemption.                   
          Congress added this written declaration requirement to section              
          152(e) in 1984 to provide more certainty to the “often subjective           
          and * * * difficult problems of proof and substantiation” that              
          accompanied dependency exemption disputes under the prior                   
          statute.  H. Rept. 98-432 (Part 2), at 1498 (1984).  Congress               
          sought clarity as to which of two divorced parents would receive            
          the dependency exemption for a taxable year and accomplished it             
          by conditioning the noncustodial parent’s claim upon the written            
          verification of the custodial parent’s release of his or her                
          claim.  To preserve Congress’s goal we must insist on strict                
          adherence to the requirements of section 152.  Miller v.                    
          Commissioner, supra at 196; Bramante v. Commissioner, T.C. Memo.            
          2002-228.  Accordingly, we sustain respondent’s disallowance of             







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