Jennifer Ann Rogers - Page 5




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          year of the taxpayer begins.                                                
               Generally, if a child’s parents are divorced, the child is             
          in the custody of one or both for the year, and the parents                 
          provide over half of the child’s support, the custodial parent              
          (the parent with custody for the greater portion of the year) is            
          treated as having provided over half of the child’s support for             
          the year, and he or she may deduct the exemption amount with                
          respect to such child for the year.  Sec. 152(e)(1).  The                   
          applicable regulations provide that “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.                                                
               Under section 24(a), a taxpayer is allowed a $400 credit for           
          each qualifying child.  For purposes of section 24, a taxpayer’s            
          child is a qualifying child only if the taxpayer is allowed a               
          dependency exemption deduction for the child under section 151.             
          Sec. 24(c)(1).  Here, if either petitioner is entitled to a                 
          dependency exemption deduction for Diana, that petitioner is also           
          entitled to a child tax credit with respect to her.                         
               Mr. Lautenberger argues that during 1998 he had physical               
          custody of Diana for 187 days, while Ms. Rogers had physical                
          custody of Diana for only 178 days.  Mr. Lautenberger argues that           
          the difference in the number of days is attributable to a                   






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