Rhonda Hope Hamilton - Page 6

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          Dependency Exemption                                                        
               Sections 151 and 152 provide that a taxpayer is entitled to            
          deduct an exemption for a minor dependent if the taxpayer                   
          provides over half of the support for the minor dependent.  In              
          the case of a minor dependent whose parents are divorced or                 
          separated and together provide over half of the support for the             
          minor dependent, section 152(e)(1) provides that the parent                 
          having custody for a greater portion of the calendar year                   
          (“custodial parent”) generally shall be treated as providing over           
          half of the support for the minor dependent.  Custody is                    
          “determined by the terms of the * * * custody decree”.  Sec.                
          1.152-4(b), Income Tax Regs.                                                
               A noncustodial parent, however, may be treated as providing            
          over half of the support for the minor dependent if the                     
          requirements of section 152(e)(2) are satisfied.  Section                   
          152(e)(2) provides:                                                         
                    (2)  Exception where custodial parent releases claim to           
               exemption for the year.–-A child * * * received over half of           
               his support during a calendar year from the noncustodial               
               parent if–-                                                            
                         (A) the custodial parent signs a written                     
                    declaration (in such manner and form as the Secretary             
                    may by regulations prescribe) that such custodial                 
                    parent will not claim such child as a dependent for any           
                    taxable year beginning in such calendar year, and                 
                         (B) the noncustodial parent attaches such written            
                    declaration to the noncustodial parent’s return for the           
                    taxable year beginning during such calendar year.                 







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Last modified: May 25, 2011