- 3 - “dependent” means, in pertinent part, a son of the taxpayer over half of whose support was received from the taxpayer. Sec. 152(a)(1). In the case of a child of divorced parents, section 152(e)(1) provides in pertinent part that if a child receives over half of his support from his parents who are divorced under a decree of divorce and the child is in the custody of one or both of his parents for more than one-half of the year, then the child will be treated as receiving over half of his support from the parent having custody for a greater portion of the calendar year. Section 1.152-4(b), Income Tax Regs., provides that the term “custody” is “determined by the terms of the most recent decree of divorce”. Because the divorce decree grants Michelle Cutler full custody of Ammon, she is considered Ammon’s “custodial parent” under section 152(e). Cafarelli v. Commissioner, T.C. Memo. 1994-265. Petitioner as the “noncustodial parent”, is allowed to claim Ammon as a dependent only if one of three statutory exceptions in section 152(e) is met. Under these exceptions, the “noncustodial parent” is treated as providing over half of a child’s support if: (1) Pursuant to section 152(e)(2), the custodial parent signs a written declaration that such custodial parent will not claim such child as a dependent, and the noncustodial parentPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011