- 5 - a. Determination of the Custodial Parent The custodial parent is generally entitled to claim the dependency exemption deduction. Sec. 152(e)(1). "Custody" for section 152 purposes is: determined by the terms of the most recent decree of divorce or separate maintenance, or subsequent custody decree, or, if none, a written separation agreement. In the event of so-called "split" custody, or if neither a decree or agreement establishes who has custody, or if the validity or continuing effect of such decree or agreement is uncertain by reason of proceedings pending on the last day of the calendar year, "custody" will be deemed to be with the parent who, as between both parents, has the physical custody of the child for the greater portion of the calendar year. [Sec. 1.152-4(b), Income Tax Regs.] Petitioner's ex-wife was granted custody of Laurie and Andrew as managing conservator in the 1981 divorce decree. On January 18, 1993, Laurie signed an affidavit in which she chose petitioner as her managing conservator "subject to the approval of the Court." Laurie's affidavit, however, was never submitted to the court for approval. Texas State law allows a child who is 12 years of age or older to choose, by a writing filed with the court, a managing conservator, subject to the approval of the court. Tex. Fam. Code Ann. sec. 14.07 (West 1993)(currently codified at sec. 153.008 (West 1996)). The record in this case does not include a Texas court order changing the manager conservator as appointed by the districtPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011