Oscar Hughes, Jr. - Page 5




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          * * * was received from the taxpayer (or is treated under                   
          subsection * * * (e) as received from the taxpayer)".  Sec.                 
          152(a).                                                                     
               Section 152(e) provides special rules for a child of parents           
          who have not lived together for the last 6 months of the calendar           
          year.  In that situation, the statute provides that if a child              
          receives over one-half of his or her support from his or her                
          parents, the child shall be treated as receiving over one-half of           
          his or her support from the custodial parent, unless, as relevant           
          here, the “custodial parent signs a written declaration (in such            
          manner and form as the Secretary may by regulations prescribe)              
          that such custodial parent will not claim such child as a                   
          dependent for any taxable year beginning in such calendar year,”            
          and “the noncustodial parent attaches such written declaration to           
          the noncustodial parent’s return for the taxable year beginning             
          during such calendar year.”  Sec. 152(e)(2)(A) and (B).  Under              
          those circumstances the child is treated as receiving over one-             
          half of his or her support from the noncustodial parent.                    
               Petitioner relies upon section 152(e) in support of his                
          position that he is entitled to the dependency exemption                    
          deductions claimed on his returns.  Respondent argues, primarily,           
          that section 152(e) does not apply because it has not been                  
          established that the children received over one-half of their               
          support from their parents.                                                 






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