Waylon D. Ary - Page 6




                                        - 5 -                                         
          taxpayer’s child, provided that more than half of the child’s               
          support was received from the taxpayer or is treated under                  
          section 152(e) as received from the taxpayer.                               
               In the case of a child of divorced parents, section                    
          152(e)(1) provides as a general rule that the child shall be                
          treated as receiving over half of his or her support from the               
          custodial parent.  In the event of so-called split or joint                 
          custody, “‘custody’ will be 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.  Thus, in the present case, Ms. Ary was the                
          custodial parent of Corey and Danan in 1998, and petitioner was             
          the noncustodial parent.                                                    
               Section 152(e)(2) provides an exception to the general rule            
          of section 152(e)(1).  Pursuant to that exception, the child                
          shall be treated as receiving over half of his or her support               
          from the noncustodial parent if:                                            
                    (A) 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                      
                    (B) the noncustodial parent attaches such written                 
               declaration to the noncustodial parent’s return for the                
               taxable year beginning during such calendar year.[3]                   

               3  A second exception to the general rule of sec. 152(e)(1)            
          exists for certain pre-1985 instruments.  See sec. 152(e)(4).               
          Pursuant to that exception, a child of divorced parents shall be            
                                                             (continued...)           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011