- 5 - 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 forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011