Joann Bramante - Page 4




                                                - 4 -                                                  
                                             Discussion                                                
            1.    Dependency Exemptions                                                                
                  Sections 151 and 152 provide that a taxpayer is entitled to                          
            deduct an exemption for a minor dependent if the taxpayer                                  
            provides over half of the support for the minor dependent.  In                             
            the case of a minor dependent whose parents are divorced or                                
            separated and together provide over half of the support for the                            
            minor dependent, section 152(e)(1) provides that the parent                                
            having custody for a greater portion of the calendar year                                  
            (“custodial parent”) generally shall be treated as providing over                          
            half of the support for the minor dependent.  A noncustodial                               
            parent may be treated as providing over half of the support for                            
            the minor dependent if the requirements of section 152(e)(2) are                           
            satisfied.  Section 152(e)(2) provides:                                                    
                        (2)  Exception where custodial parent releases claim to                        
                  exemption for the year.–-A child * * * received over half of                         
                  his support during a calendar year 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.                              











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