- 7 - more than half of whose support during the calendar year is provided for by the taxpayer, are “dependents”. Sec. 152(a). Section 152(e)(1), however, further provides that if a child receives more than half of his support during the calendar year from parents who are divorced or legally separated, or who live apart at all times during the last 6 months of the calendar year, and if the child is in the custody of one or both of his parents for more than one-half of the calendar year, then the child is treated as receiving more than half of his support during the year from the parent having custody for a greater portion of the calendar year (custodial parent). Section 152(e)(2) provides an exception to this rule where the custodial parent releases his claim to the exemption for the year. The custodial parent must sign a written declaration that the custodial parent will not claim such child as a dependent for such taxable year, and the noncustodial parent3 must attach such written declaration to the noncustodial parent’s return for that taxable year. Sec. 152(e)(2). Mr. Meyer and Ms. Meyer lived apart during all of 1994, 1995, and 1996; they were divorced in 1995. During the years in issue, Richard resided in Hawaii with Ms. Meyer, and in the divorce decree Ms. Meyer was granted custody of Richard. 3 The noncustodial parent is the parent who is not the custodial parent. Sec. 152(e)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011