Norman Alfonzo Williams - Page 5

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               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.               
          Since petitioner's divorce decree grants custody of each of the             
          five children to his ex-wife, Grace Williams, she is considered             
          the children's "custodial parent" under section 152(e).  As the             
          "noncustodial parent", petitioner is treated as providing over              
          half of a child's support and allowed to claim such child as a              
          dependent if any one of three statutory exceptions is met:                  
                    (1)(a) The custodial parent signs a written                       
               declaration that such custodial parent will not claim                  
               such child as a dependent, and                                         
                    (b) the noncustodial parent attaches such written                 
               declaration to the noncustodial parent's return for the                
               taxable year (section 152(e)(2));                                      
                    (2) a multiple support agreement pursuant to section              
               152(c) determines support (section 152(e)(3)); or                      
                    (3)(a) a qualified pre-1985 instrument provides that              
               the noncustodial parent shall be entitled to any deduction             
               allowable under section 151 for such child, and                        
                    (b) the noncustodial parent provides at least $600 for            
               the support of such child during the calendar year (section            
               152(e)(4)).                                                            
               A threshold requirement for the applicability of the special           
          rules of section 152(e) in the case of divorced parents is that             
          the parents must provide over one-half of the child's support.              
          Sec. 1.152-4(a), Income Tax Regs.  Therefore, if a third party,             
          such as a Federal or State agency, were to provide 50 percent or            
          more of a child's support, neither parent would be entitled to              





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