- 9 - secs. 151(c) and 152(a)(1), (4). In the case of a child whose parents are either divorced or live apart at all times during the last 6 months of the calendar year, section 152(e)(1) provides that the custodial parent is deemed to provide more than half of the child’s support for such year.4 For purposes of this rule, and as relevant herein, “custody” is determined by the terms of the most recent decree of divorce; however, in the absence of such a decree, “custody” is 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. Insofar as Ceola is concerned, petitioner had physical custody of her daughter throughout the years in issue, and she also had legal custody of Ceola from November 5, 1997, the date of the circuit court’s final default judgment of dissolution of marriage, through 1998. Insofar as Henry is concerned, petitioner had physical custody of her son until December 9, 1996, the date on which Henry attained the age of majority. See Fla. Stat. Ann. sec. 743.07 (West 1997). Thereafter, Henry lived with petitioner until he enlisted in the U.S. Army on November 4, 1997, after graduating from high school earlier in the year. The record 4 Exceptions to the general rule of sec. 152(e)(1) are not applicable in the present cases. See sec. 152(e)(2), (3), and (4).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011