Jeffrey R. King and Sabrina M. King - Page 8

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          If the requirements of section 152(e)(1) are met, the child is              
          treated as having received over half of his support from the                
          custodial parent, and the custodial parent is entitled to the               
          dependency exemption deduction.  The noncustodial parent can gain           
          entitlement to the deduction if the custodial parent executes a             
          valid written declaration under section 152(e)(2) releasing the             
          claim to the deduction.  The declaration may apply to 1 year, a             
          set number of years, or all future years.  Sec. 1.152-4T(a), Q&A-           
          4, Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31,                 
          1984).  A validly executed Form 8332 satisfies the written                  
          declaration requirement.                                                    
               The Lopezes argue that they are entitled to the dependency             
          exemption deductions because Mr. Lopez and Mrs. King lived apart            
          at all times during the years in issue and Mrs. King signed a               
          written declaration stating that she would not claim Monique for            
          1987 and future years.  Respondent and the Kings contend that the           
          special support test of section 152(e) does not apply to parents            
          who have never married each other.4  If the special support test            
          can apply to parents who have never married each other,                     
          respondent and the Kings, for different reasons, claim that the             


               4Because we have found as a fact that the Kings provided               
          over half of Monique’s support during the years in issue, they              
          would be entitled to the dependency exemption deductions if sec.            
          152(e)(1) did not apply to parents who have never married each              
          other.                                                                      





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