- 5 - amount for each dependent, as defined in section 152. Under section 152(a), the term “dependent” means certain individuals, including the son or daughter of the taxpayer, over half of whose support was received from the taxpayer during the taxable year in which such individual is claimed as a dependent. Subject to exceptions not applicable here, section 152(e) provides a support test for children of parents who are divorced, separated, or living apart. It provides: (1) Custodial parent gets exemption.-–Except as otherwise provided in this subsection, if–- (A) a child (as defined in section 151(c)(3))receives over half of his support during the calendar year from his parents-– (i) who are divorced or legally separated under a decree of divorce or separate maintenance, (ii) who are separated under a written separation agreement, or (iii) who live apart at all times during the last 6 months of the calendar year, and (B) such child is in the custody of one or both of his parents for more than one-half of the calendar year, such child shall be treated for purposes of * * * [section 152(a)] as receiving over half of his support during the calendar year from the parent having custody for a greater portion of the calendar year * * * [i.e., custodial parent]. Moreover, section 1.152-4(b), Income Tax Regs., generally provides that, in the absence of a custody or divorce decree or written separation agreement, “‘custody’ will be deemed to bePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011