- 8 - of divorce or separate maintenance under section 152(e)(1)(A)(i), or separated under a “written separation agreement” under section 152(e)(1)(A)(ii),3 and the child is in the custody of one or both parents for more than one-half of the calendar year, then such child shall be treated as receiving over one-half of his support from the parent having custody for a greater portion of the calendar year. Sec. 152(e)(1). The custodial parent is the parent who has custody of a child for the greater portion of the year. Id. The noncustodial parent may claim the dependency exemption deduction, and a dependent may be treated as having received over one-half of his support from the noncustodial parent, if the custodial parent signs a written statement that she will not claim the child as a dependent for the taxable year, under section 152(e)(2)(A). The noncustodial parent must then attach this waiver to his return. Sec. 152(e)(2)(B); sec. 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., 49 Fed. Reg. 34459 (Aug. 31, 1984). Respondent argues (and has the burden of proving) that petitioner is not entitled to the dependency exemption deductions claimed for his three children. Respondent has not argued that petitioner and Ms. Richards were not legally separated under 3 Sec. 152(e)(1)(A)(iii) concerns parents living apart at all times during the last 6 months of the taxable year. This section is not applicable because petitioner was not living apart from Ms. Richards at all times during the last 6 months of 1997.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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