Benson B. Berry and Melissa Wells-Berry - Page 8

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          exemption for Federal income tax purposes.  See Deficit Reduction           
          Act of 1984, Pub. L. 98-369, sec. 423(a), 98 Stat. 799.                     
               The pertinent parts of section 152(e) as amended provide:              
                    Sec. 152(e).  Support Test in Case of Child of Divorced           
               Parents, Etc.--                                                        
                         (1) Custodial parent gets exemption.--Except as              
                    otherwise provided in this subsection, if--                       
                              (A) a child (as defined in section 151(c)(3))           
                         receives over half of his support during the                 
                         calendar year from his parents--                             
                                   (i) who are divorced or legally                    
                              separated under a decree of divorce or                  
                              separate maintenance,                                   
                                   (ii) who are separated under a written             
                              separation agreement, or                                
                                   (iii) who live apart at all times during           
                              the last 6 months of the calendar year, and             
                              (B) such child is in the custody of one or              
                         both of his parents for more than one-half of the            
                         calendar year,                                               
               such child shall be treated, for purposes of subsection (a),           
               as receiving over half of his support during the calendar              
               year from the parent having custody for a greater portion of           
               the calendar year (hereinafter in this subsection referred             
               to as the “custodial parent”).                                         
                         (2) Exception where custodial parent releases                
                    claim to exemption for the year.--A child of parents              
                    described in paragraph (1) shall be treated as having             
                    received over half of his support during a calendar               
                    year from the noncustodial parent if--                            
                              (A) the custodial parent signs a written                
                         declaration (in such manner and form as the                  
                         Secretary may by regulations prescribe) that such            
                         custodial parent will not claim such child as a              
                         dependent for any taxable year beginning in such             
                         calendar year, and                                           





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