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settlement agreement providing primary residential care to Mrs.
De Strooper is merely to comport with Florida custody law.
Discussion
A. Dependency Exemption Deduction for Aaron
Section 151 allows a taxpayer to deduct an exemption amount
for each dependent as defined in section 152. The term
“dependent” includes a taxpayer’s son over half of whose support
for the calendar year is received from the taxpayer. See sec.
152(a)(1).
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 a 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)(1); see sec. 1.152-4(c), Income Tax Regs.
Custody is determined by the terms of the most recent
custody decree if there is one in effect. See sec. 1.152-4(b),
Income Tax Regs. The agreement provides that Mrs. De Strooper
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Last modified: May 25, 2011