Robert James Mentzel, Jr. - Page 6

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          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.  Custody is determined as follows:                            
               “Custody”, for purposes of this section, will be determined            
               by the terms of the most recent decree of divorce or                   
               separate maintenance, or subsequent custody decree, or, if             
               none, a written separation agreement.  In the event of so-             
               called “split” custody, or if neither a decree or agreement            
               establishes who has custody, or if the validity or                     
               continuing effect of such decree or agreement is uncertain             
               by reason of proceedings pending on the last day of the                
               calendar year, “custody” will be deemed to be with the                 
               parent who, as between both parents, has the physical                  
               custody of the child for the greater portion of the calendar           
               year.                                                                  
          Sec. 1.152-4(b), Income Tax Regs.  An exception to the special              
          rule exists which entitles the noncustodial parent to the                   
          dependency exemption deduction.  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.  The Internal Revenue Service provides Form 8332,              
          Release of Claim to Exemption for Child of Divorced or Separated            
          Parents, which can be used as the written declaration required by           
          section 152(e)(2).                                                          
               A credit generally is allowed to a taxpayer for each                   
          qualifying child of the taxpayer.  Sec. 24(a).  Among other                 
          requirements, a qualifying child is one for whom the taxpayer is            





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