Karl V. Meier - Page 5




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          treated as received from the taxpayer under section 152(e).                 
               Section 152(e) provides special rules for a child whose                
          parents are either divorced or who live apart at all times for              
          the last 6 months of the calendar year.  In those situations, the           
          statute provides that if a child receives over one-half of his or           
          her support from his or her parents, and if the child is in the             
          custody of one or both of his or her parents for more than one-             
          half of the calendar year, then the child is treated for purposes           
          of section 152(a) as receiving over one-half of his or her                  
          support during the year from the parent having custody for a                
          greater portion of the calendar year.  Sec. 152(e)(1).  As is               
          relevant here, “custody” is determined by the terms of the most             
          recent decree of divorce or separate maintenance agreement, or              
          subsequent custody decree.  Sec. 1.152-4(b), Income Tax Regs.  In           
          the event of so-called “split” custody, “custody” will be deemed            
          to be with the parent who, as between both parents, has the                 
          physical custody of the child for the greater portion of the                
          calendar year.  Sec. 1.152-4(b), Income Tax Regs.                           
               Petitioner and Ms. Meier generally followed the divorce                
          decree and split equally the custody of the two children.  There            
          is no question but that petitioner and Ms. Meier provided 100               
          percent of the support of the two children.  However, petitioner            
          repeatedly was asked by Ms. Meier to keep the children beyond the           
          allotted time so that he had custody during periods Ms. Meier               






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