- 18 - control of his father and only occasionally visited petitioner. Petitioner contests respondent's determination, contending that Syme, who turned 16 years old in 1984, lived with her and was in her actual custody during these years. We have found that Syme lived in Florida with his father, Clarence, during 1983 and during the majority of 1984 and that petitioner provided no support for Syme during the time he lived with Clarence. To determine whether Syme was a dependent of petitioner’s during 1983 and 1984, we apply the special test for determining support in the case of children of divorced parents found in section 152(e). We apply section 152(e) as in effect prior to the amendment. Syme lived with Clarence during 1983 and during the majority of 1984; petitioner, Syme’s custodial parent, provided no support to him while he lived with his father. We are persuaded that, during 1983 and 1984, Clarence provided at least $1,200 a year in support to Syme. Petitioner also has failed to prove that she provided more of Syme’s support than did Clarence during 1983 and 1984. Thus, under the special rule of section 152(e)(2)(B), Clarence is deemed to have provided over half of Syme’s support for those years. For 1983 and 1984, Syme was Clarence’s dependent, not petitioner’s. See sec. 152(a). Accordingly, petitioner is not entitled to an additional exemption for Syme for 1983 and 1984. See sec. 151(c). Respondent’s determination of deficiencies is sustained to thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011