Richard G. Keene - Page 10

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          decision should qualify as an equivalent to Form 8332, thus                 
          entitling him to the claimed dependency exemptions.                         
               To properly release a claim to a dependency exemption                  
          deduction, section 152(e) requires a custodial parent to sign a             
          written declaration that contains an express and unqualified                
          statement that the custodial parent will not claim the dependency           
          exemption for that year.  Bramante v. Commissioner, T.C. Memo.              
          2002-228.  In this case, the Judgment specifies that petitioner             
          would be entitled to claim the dependency exemptions for A.K.               
          only if he were in good standing with his child support                     
          obligations, and for M.K. only in even years where he was also in           
          good standing with his support obligations.                                 
               The Marital Settlement Agreement, signed in assent by the              
          custodial parent, Dr. Keene, granted petitioner the right to                
          claim the deductions if, and only if, he were compliant with his            
          support obligations.  Dr. Keene’s signature on the Marital                  
          Settlement Agreement, however, does not necessarily comport that            
          document with an unequivocal statement of relinquishment.  In               
          Boltinghouse v. Commissioner, T.C. Memo. 2003-134, the taxpayers            
          also attached to their return a copy of a divorce agreement,                
          which was signed by both the custodial and noncustodial parent.             
          The agreement in that case, however, unconditionally granted the            
          noncustodial parent the dependency exemption.  The Court held               
          that the divorce agreement in Boltinghouse v. Commissioner,                 

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Last modified: March 27, 2008