Terry U. Neal - Page 5




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          petitioner was not entitled to the dependency exemptions for the            
          reason that Ms. Mosley, as the custodial parent, had not released           
          claim to the exemptions for the years in question, which release            
          would be reflected on Form 8332 or any other written statement              
          conforming thereto.                                                         
               Section 151(c) allows taxpayers an annual exemption amount             
          for each "dependent" as defined in section 152.  Under section              
          152(a), the term "dependent" means certain individuals, such as a           
          son or daughter, "over half of whose support, for the calendar              
          year in which the taxable year of the taxpayer begins, was                  
          received from the taxpayer (or is treated under section (c) or              
          (e) as received from the taxpayer)".                                        
               The support test in section 152(e)(1) applies if:  (1) A               
          child receives over half of his support during the calendar year            
          from his parents; (2) the parents are divorced under a decree of            
          divorce; and (3) such child is in the custody of one or both of             
          his parents for more than one-half of the calendar year.  If                
          these requirements are satisfied, as in the present case, the               
          "child shall be treated, for purposes of subsection (a), as                 
          receiving over half of his support during the calendar year from            
          the parent having custody for the greater portion of the calendar           
          year (* * * referred to as the custodial parent)", thus, allowing           
          the dependency exemption to be claimed by the custodial parent.             
          Sec. 152(e).                                                                





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