- 4 - 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);Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007