Norman Alfonzo Williams - Page 4

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          of his children because petitioner had not established that he              
          was the custodial parent or that the requirements of section 152            
          to qualify the children as "dependents" had been met for the                
          years at issue.                                                             
               The determinations by respondent in a notice of deficiency             
          are presumed correct, and the burden of proof is on the taxpayer            
          to prove that the determinations are erroneous.  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.  According to section 152(a), the term              
          "dependent" means certain individuals, such as a son or daughter,           
          "over half of whose support, for the calendar year in which the             
          taxable year of the taxpayer begins, was received from the                  
          taxpayer (or is treated under subsection (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,                                           
               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 (* * * referred to                
               as the custodial parent).                                              
          Sec. 152(e)(1).                                                             




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