Paul Marcillese Shelton and Felicia Laverne Graham - Page 8




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          the custodial parent confirming his or her consent, (4) the                 
          Social Security number of the custodial parent, (5) the date of             
          the custodial parent’s signature, and (6) the name and the Social           
          Security number of the parent claiming the exemption.  Miller v.            
          Commissioner, supra.                                                        
               Although the consent order does state the names of                     
          petitioner, Clark, and their child, it does not contain any of              
          the other required elements to conform substantially to a waiver            
          under Form 8332.  It does not state the years for which the                 
          exemption is purportedly released or that the exemption is                  
          unequivocally released by the terms of the consent order.  It               
          contains neither Clark’s signature nor the Social Security                  
          numbers of petitioner and Clark.                                            
               The release of the dependency exemption in the consent order           
          is also subject to a stipulation that petitioner fulfill his                
          child support obligations before Clark would be obligated to                
          provide a waiver of her right to claim the dependency exemption             
          for Federal income tax purposes.  Petitioner complied with his              
          child support obligations throughout 2003, and it appears that he           
          was entitled under the consent order to receive a waiver of                 
          Clark’s right to claim a dependency exemption for that year upon            
          request.  We do not, however, have the jurisdiction to compel               
          Clark’s compliance with the consent order.  Because the consent             
          order explicitly references Clark’s completion of a waiver at               







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