- 10 - According to petitioner, his ex-wife also contributed to Douglas’ support during this year. Petitioner offered no evidence of amounts that were contributed to Douglas’ support by him, his ex-wife, or other sources. Petitioner did not testify whether Douglas was employed. Section 151(c) allows taxpayers to deduct an annual exemption amount for each dependent, as defined in section 152. Under section 152(a) the term “dependent” means certain individuals over half of whose support was received from the taxpayer during the taxable year in which such individuals are claimed as dependents. Eligible individuals who may be claimed as dependents include, among others, a son of the taxpayer. Sec. 152(a)(1). If a child receives over half of his support for the calendar year from his parents who are divorced, separated, or live apart for the last 6 months of the year, and further, if the child is in the custody of one or both parents for more than half of the calendar year, then section 152(e)(1) provides that, as a general rule, such child is treated as receiving over half of his support during the calendar year from the parent having custody for the greater portion of the calendar year (custodial parent). Petitioner’s ex-wife was granted sole legal and physical custody of the children pursuant to the divorce. In any event, petitioner has not established that he provided more than one-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011