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