Gerald Reginald Paulson - Page 6

                                        - 6 -                                         

          claim such child as a dependent, and the noncustodial parent                
          attaches such written declaration to the noncustodial parent's              
          return for the taxable year;                                                
               (2) pursuant to section 152(e)(3), there is a multiple                 
          support agreement between the parties as provided in section                
          152(c); or                                                                  
               (3) pursuant to section 152(e)(4), there is a qualified pre-           
          1985 instrument providing that the noncustodial parent shall be             
          entitled to any deduction allowable under section 151 for such              
          child, provided that certain other requisites, not pertinent                
          here, are met.                                                              
               In the present case, the exceptions in section 152(e)(3) and           
          (4) do not apply.  There was no multiple support agreement and no           
          pre-1985 instrument.  Therefore, petitioner is entitled to the              
          dependency exemption only if the requirements of section                    
          152(e)(2) are met.                                                          
               Section 152(e)(2)(A) specifically requires that the                    
          custodial parent sign "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".                 
          Pursuant to this statutory provision, temporary regulations                 
          provide that, "The written declaration may be made on a form to             
          be provided by the Service for this purpose.  Once the Service              
          has released the form, any declaration made other than on the               





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011