Shalom J. & Daniel F. Bonham - Page 4




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          “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 parent                






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