- 10 - Dependency Exemptions Section 151(c)(1) allows a taxpayer to deduct an exemption amount for each dependent as defined in section 152. Under section 152(a), the term “dependent” means certain individuals over half of whose support during the calendar year was received from the taxpayer. Eligible individuals who may be claimed as dependents include a son or daughter of the taxpayer. Sec. 152(a)(1). When a child’s parents are divorced, section 152(e)(1) provides a special rule to determine which one of them, if either, is entitled to the dependency exemption. That section provides that, if a child received over half of his support from his divorced parents, and such child is in the custody of one or both of his parents for more than one-half of the calendar year, then the parent having custody for a greater portion of the calendar year is entitled to the dependency exemption.2 See sec. 1.152-4(a), Income Tax Regs.; sec. 1.152-4T, Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984), to the effect that 2 Sec. 152(e)(2) provides an exception to the rules stated above. That section allows the dependency exemption to the noncustodial parent when the custodial parent agrees to release the exemption. To obtain the advantage of this exception, the noncustodial parent must obtain from the custodial parent a written declaration that he or she “will not claim such child as a dependent for any taxable year beginning in such calendar year”, and the noncustodial parent must attach the written declaration to his or her tax return. Sec.152(e)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011