- 3 - Dependency Exemptions Petitioner argues that he is entitled to claim dependency exemption deductions with respect to his children because he has “been paying child support for them.” Generally, 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. An exception exists 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.2 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 that a noncustodial parent is treated as providing over half of the support if (A) the custodial parent signs a written declaration * * * that such custodial parent will not claim such child as a dependent for any taxable year beginning in such calendar year, and 2 An exception also exists in the case of a multiple support agreement. Sec. 152(c). Petitioner did not provide any evidence of a multiple support agreement.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011