Virgil Cato - Page 6




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          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),             





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