Jeffrey S. Lindquist - Page 6




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               SEC. 152(e). Support Test in Case of Divorced Parents,                 
               Etc.--                                                                 
                        *     *     *     *     *     *     *                         
                    (2) Exception where custodial parent releases                     
               claim to exemption for the year.--A child of parents *                 
               * * shall be treated as having 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.                              
               For purposes of this subsection, the term “noncustodial                
               parent” means the parent who is not the custodial                      
               parent.                                                                
               The temporary regulations promulgated with respect to                  
          section 152(e) provide that a noncustodial parent may claim the             
          exemption for a dependent child “only if the noncustodial parent            
          attaches to his/her income tax return for the year of the                   
          exemption a written declaration from the custodial parent stating           
          that he/she will not claim the child as a dependent for the                 
          taxable year beginning in such calendar year.”2  Sec. 1.152-                
          4T(a), Q&A-3, Temporary Income Tax Regs., 49 Fed. Reg. 34459                


               2 Temporary regulations are entitled to the same weight as             
          final regulations.  See Peterson Marital Trust v. Commissioner,             
          102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d Cir. 1996); Truck           
          & Equip. Corp. v. Commissioner, 98 T.C. 141, 149 (1992).                    





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