Tam N. Huynh - Page 10




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          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).                       






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