Frank Planko - Page 6

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          for more than one-half of the calendar year, then such child is             
          treated for purposes of section 152(a) as receiving more than               
          half his support from the parent having custody for a greater               
          portion of the calendar year.                                               
               For purposes of section 152(e), custody is determined by the           
          terms of the most recent divorce or custody decree.  Sec. 1.152-            
          4(b), Income Tax Regs.  However, in the event of split or joint             
          custody, or if no decree establishes custody, 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.  Id.  The custody determination under section                
          152(e) applies regardless of which parent actually provided the             
          support.  See sec. 152(e)(1).                                               
               For purposes of section 152(e), the parent having custody              
          for a greater portion of the calendar year is referred to as the            
          “custodial parent”, and the term “noncustodial parent” means the            
          parent who is not the custodial parent.                                     
               There are three exceptions to the support test determined in           
          section 152(e)(1).  Under these exceptions, the noncustodial                
          parent is treated as providing over half of a child’s support if:           
          (1) Pursuant to section 152(e)(2), the custodial parent signs a             
          written declaration that such custodial parent will not claim               
          such child as a dependent, and the noncustodial parent attaches             
          such written declaration to the noncustodial parent’s return for            





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