Jeffrey R. King and Sabrina M. King - Page 12

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          without the involvement of the Commissioner between parents who             
          both claim the dependency exemption deduction based on providing            
          support over the applicable thresholds.  H. Rept. 98-432 (Part              
          II), at 1498 (1984).10                                                      
               Contrary to respondent’s assertions, the legislative history           
          of section 152(e) does not provide support for deviating from the           
          plain meaning of the statute that the special support test can              
          apply to parents who have never married each other.  Neither the            
          House bill nor the conference report state that the amendment to            
          section 152(e) was intended to apply only to married parents.               
          Indeed, applying section 152(e)(1)(A)(iii) to both married                  
          parents and parents who have never married each other is                    
          consistent with the stated purpose of resolving dependency                  
          disputes without the Commissioner’s involvement in cases where              
          parents both claim the dependency exemption deductions.                     
          Therefore, we hold that the special support test in section                 
          152(e)(1) applies in this case.  This means that Mrs. King is               
          treated as having provided over half of Monique’s support for               
          1998 and 1999 and will be entitled to the dependency exemption              
          deductions unless, pursuant to section 152(e)(2), she released              
          her claim to the exemption deductions for Monique for these                 
          years.                                                                      


               10See also Bramante v. Commissioner, T.C. Memo. 2002-228,              
          citing the legislative history and stating that the pre-1985                
          version was often subjective and presented difficult problems of            
          proof and substantiation.                                                   



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