- 4 - liability for the tax deficiency at issue. We find that the burden of proof does not shift to respondent because petitioner has failed to comply with the requirements of section 7491(a)(1). Section 151(c)(1) allows a taxpayer to claim an exemption deduction for each qualifying dependent as defined in section 152. Section 152(a)(1) defines a “dependent” to mean a son or daughter of the taxpayer if over half of the child’s support was received from the taxpayer or is treated under section 152(e) as received from the taxpayer. Section 152(e) provides a special rule in the case of a child of divorced parents. Section 152(e)(1) provides that, if the child receives over half of his support from his parents and he or she is in the custody of one or both of his parents for more than half of the year, then the child is treated as receiving over half of his support from the custodial parent. Because Ms. Clay was awarded custody of Junior in the 1986 divorce decree, she is the custodial parent. Sec. 1.152-4(b), Income Tax Regs. Pursuant to section 152(e)(2), the child is treated as receiving over half of his or her support from the noncustodial parent only if the custodial parent signs a written declaration that the custodial parent will not claim the child as a dependent and the noncustodial parent attaches the declaration to the noncustodial parent’s return. The declaration required byPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011