William C. and Katherine H. White - Page 4

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          the taxpayer to prove that the determinations are in error.  Rule           
          142(a); Welch v. Helvering, 290 U.S. 111 (1933).                            
               Section 151(c) allows taxpayers an annual exemption amount             
          for each "dependent" as defined in section 152.  Under section              
          152(a), the term "dependent" means certain individuals, such as a           
          son, daughter, stepson, or stepdaughter, "over half of whose                
          support, for the calendar year in which the taxpayer year of the            
          taxpayer begins, was received from the taxpayer (or is treated              
          under section (c) or (e) as received from the taxpayer)".                   
               The support test in section 152(e)(1) applies if:  (1) A               
          child receives over half of his support during the calendar year            
          from his parents; (2) the parents are divorced under a decree of            
          divorce; and (3) such child is in the custody of one or both of             
          his parents for more than one-half of the calendar year.  If                
          these requirements are satisfied, as in the present case, the               
          "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 the greater portion of the calendar           
          year (* * * referred to as the custodial parent)", thus, allowing           
          the dependency exemption to be claimed by the "custodial parent".           
          Sec. 152(e)(1).                                                             
               To decide who has custody, section 1.152-4(b), Income Tax              
          Regs., provides that custody "will be determined by the terms of            
          the most recent decree of divorce" if there is one in effect.               





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