Clifford Thomas and Leah Diane Noah - Page 7

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               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, separate                      






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