- 3 - During 1998, petitioner’s daughter did not live with him for more than half of the taxable year, and petitioner’s former wife had custody of the child. Petitioner made all child support payments as ordered by the Decree. On his 1998 Federal income tax return, petitioner claimed a dependency exemption deduction for his daughter and head of household filing status. Notwithstanding the provisions of the Decree, petitioner’s former wife refused to sign Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents. Discussion 1. Dependency Exemption Section 151 provides that in computing taxable income an individual is entitled to deduct an exemption for qualified dependents as that term is defined in section 152. Section 152 defines a “dependent” as a son, daughter, sibling, parent, or an individual who has as a principal place of abode the home of the taxpayer and is a member of the taxpayer’s household. Section 152(e) provides that in the case of divorced parents: SEC. 152(e) Support Test in Case of Child of Divorced Parents, Etc.-- (1) Custodial parent gets exemption.--Except as otherwise provided in this subsection, if-- (A) a child * * * receives over half of his support during the calendar year from his parents--Page: Previous 1 2 3 4 5 6 7 Next
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