- 5 - divorce decree grants Ms. Cato full custody of the three children, she is considered their "custodial parent" under section 152(e). Cafarelli v. Commissioner, T.C. Memo. 1994-265. Petitioner contends that because he was in compliance with the terms of the divorce decree, as modified by the child support order, he is entitled to the claimed deductions. Petitioner claims that because he did not miss a monthly child support payment in 1998 and he was current on his payments as required by the child support order he is entitled to the deductions for Shayla and Kevin. The Court, however, need not discuss the merits of this argument because petitioner, as the noncustodial parent, did not abide by the statutory requirements as explained below. The requirements of section 152(e) must be met regardless of the language of the State court divorce decree. See Miller v. Commissioner, 114 T.C. 184 (2000), affd. sub nom. Lovejoy v. Commissioner, 293 F.3d 1200 (10th Cir. 2002). Petitioner as the "noncustodial parent", is allowed to claim Shayla and Kevin as dependents only if one of the 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 attaches such written declaration to the noncustodial parent's return for the taxable year; (2) pursuant to section 152(e)(3),Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011