Joseph F. Lisi - Page 5

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          Sec. 152(e)(1).  Under this rule, the parent with custody of the            
          child for the greater portion of the year (the “custodial                   
          parent”) generally is treated as having provided over half of the           
          child’s support, regardless of which parent actually provided the           
          support.  Id.  One exception to this special rule exists which              
          provides that the noncustodial parent is treated as having                  
          provided over half of the child’s support.  Sec. 152(e)(2).  For            
          the exception to apply, the custodial parent must sign a written            
          declaration releasing his or her claim to the deduction, and the            
          noncustodial parent must attach the declaration to his or her tax           
          return.  Id.  Assuming that petitioner and Ms. Lisi together                
          provided over half of Joseph’s support, petitioner is not treated           
          as having provided over half of Joseph’s support during 1999                
          because no signed written declaration was attached to                       
          petitioner’s return.  Id.  Furthermore, we note that the special            
          rules of section 152(e) do not apply where a child is emancipated           
          from his parents and is no longer considered to be in the                   
          “custody” of either one.  Sec. 152(e)(1)(B); Kaechele v.                    
          Commissioner, T.C. Memo. 1992-457.                                          
               The second issue for decision is whether petitioner is                 
          entitled to itemized deductions not claimed on his return.                  
          Petitioner argues that he (1) paid deductible State income taxes            
          of $2,242, (2) paid deductible automobile taxes of approximately            
          $200, (3) had gambling losses of approximately $2,200, deductible           






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