Shawn A. Finnegan - Page 5




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          Exemption for Child of Divorced or Separated Parents, and of the            
          fact that this Form allows custodial parents to release a claim             
          of dependency exemption for a child.  Petitioner sent a copy of             
          form 8332 to Ms. Dykstra, asking her to complete and sign it.  At           
          that time, petitioner believed that because he was in compliance            
          with the terms of the aforementioned judgment during the year in            
          issue, and because he believed that he had contributed over one-            
          half of M.F.’s total support for 2003, he should be entitled to             
          claim the deduction.  When Ms. Dykstra did not comply with                  
          petitioner’s first request, he brought an enforcement action                
          against Ms. Dykstra on February 20, 2006, and obtained a court              
          order for her to sign the Form 8332 for the 2003 taxable year.              
          Ms. Dykstra ultimately signed a Form 8332 on February 25, 2006,             
          thereby agreeing not to claim an exemption for M.F. for the 2003            
          taxable year.                                                               
                                     Discussion                                       
               In general, the Commissioner’s determination set forth in a            
          notice of deficiency is presumed correct.  Welch v. Helvering,              
          290 U.S. 111, 115 (1933).  In pertinent part, Rule 142(a)(1)                
          provides the general rule that the burden of proof shall be upon            
          the taxpayer.  In certain circumstances, however, if the taxpayer           
          introduces credible evidence with respect to any factual issue              
          relevant to ascertaining the proper tax liability, section 7491             
          shifts the burden of proof to the Commissioner.  Sec. 7491(a)(1);           







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