- 4 - taxpayer "over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer (or is treated under subsection (c) or (e) as received from the taxpayer)". Section 152(e) provides a special rule in the case of a child of parents who lived apart at all times during the last 6 months of the calendar year. Section 152(e)(1) provides that, if the child receives over half of his support from his parents and he is in the custody of one or both of his parents for more than half of the year, then the child is treated as receiving over half of his support from the custodial parent. In the case of the remarriage of a parent, such as Mrs. Chandler, support of a child received from the parent's new spouse is treated as received from the parent. Sec. 152(e)(5). Section 152(e)(1)(B) provides that the custodial parent is the parent who had custody of the child for the greater portion of the calendar year. Petitioner testified that he has not seen Grant for 8 years and that Grant did not live with him at any time during 1998. Because Mrs. Chandler had custody of Grant for the greater portion of 1998, she is the custodial parent. See sec. 152(e)(1)(B). Pursuant to section 152(e)(2), the child is treated as receiving over half of his or her support from the noncustodial parent only if the custodial parent signs a written declarationPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011