- 7 - b. Section 152(e) Exceptions Petitioner, as a "noncustodial parent", may still claim the dependency exemption deduction if one of three statutory exceptions to section 152(e) is met. If the requirements of any of the three statutory exceptions are met, the noncustodial parent is treated as providing over half of a child's support for that tax year. The first statutory exception requires the custodial parent to sign a written declaration that the custodial parent will not claim the child as a dependent. Sec. 152(e)(2)(A). The noncustodial parent must attach the written declaration to the noncustodial parent's return for the taxable year. Sec. 152(e)(2)(B). Petitioner did not ask for, or receive, such a written declaration from his ex-wife, the custodial parent, and therefore did not attach the written declaration to petitioners' returns for the tax years in issue. Petitioner testified to an oral agreement with his ex-wife, but such an agreement does not satisfy the statutory requirements of section 152(e)(2). The second exception, section 152(e)(3), concerns multiple- support agreements and does not apply to this case. Finally, the third exception requires a "qualified pre-1985 instrument". Sec. 152(e)(4). A "qualified pre-1985 instrument" is, in pertinent part, any decree of divorce, separatePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011