Clifford Thomas and Leah Diane Noah - Page 5

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               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 district               







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