Rebecca A. Peck - Page 3

          February 1990, custody and control of the above children was                
          granted to William S. Peck.  That decree awarding custody was               
          modified by the Missouri court in 1993, with custody of the                 
          children being removed from William S. Peck and being awarded to            
               In her individual income tax returns for the years 1990 and            
          1991, petitioner claimed exemptions for herself and these three             
          children under the provisions of sections 151 and 152 ($2,000 per           
          child for 1990 and $2,150 per child for 1991).  As noted,                   
          respondent has agreed to accept those returns which were tendered           
          to the IRS, and which are in evidence herein, as a correct                  
          reflection of petitioner's income and deductions in all respects,           
          except for the right of petitioner to claim said dependency                 
          exemptions for her three minor children, which respondent                   
               Under section 152(e)(1), in the case of divorced parents               
          with minor children, the parent who is awarded custody of such              
          children generally is deemed to be the one who provides over one-           
          half of each child's support during the year and is therefore the           
          one entitled to claim the exemption in the income tax return.  An           
          exception to the above rule is provided in section 152(e)(2), in            
          that if the parent having custody elects to release his claim to            
          exemption for the children in his custody for the year in                   
          question, and supplies a written release to that effect, and if             
          the noncustodial parent receiving the right to claim the                    

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