- 4 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011