Richard R. Izac - Page 8

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               To the extent that the above-referenced orders allocate                
          physical custody of petitioner’s son between petitioner and Ms.             
          Bonner for specific periods, the days included within those                 
          periods are counted, respectively, as days of physical custody              
          for either petitioner or Ms. Bonner for purposes of section                 
          152(e).  Because the relevant orders specifically provide for               
          physical custody of petitioner’s son for every day of the year,             
          contrary to petitioner’s position, it is not necessary to                   
          determine where petitioner’s son lived on any given day during              
          1998.  Under the circumstances of this case, the reference to               
          “physical custody” in the regulation does not mean physical                 
          presence.  Furthermore, days of visitation are not counted as               
          days of physical custody.                                                   
               The above-referenced orders establish that Ms. Bonner’s                
          physical custody of petitioner’s son exceeded petitioner’s during           
          1998.  Consequently, petitioner is not considered to be his son’s           
          custodial parent for that year.  Petitioner’s son, therefore, is            
          not treated as having received over half of his support from                
          petitioner and does not fit within the definition of a dependent            
          for purposes of the dependency exemption deduction here in                  
          dispute.  It follows that petitioner is not entitled to a                   
          dependency exemption deduction for his son for 1998, and                    
          respondent’s determination disallowing that deduction is                    
          sustained.                                                                  






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