- 4 - 151 and 152. If the individual fails any of these tests, he or she does not qualify as a dependent. As to the support test, a taxpayer generally must provide more than half of a claimed dependent's support for the calendar year in which the taxable year of the taxpayer begins. Sec. 152(a). In the case of a child of unmarried parents, if the child is in the custody of one or both of his parents for more than one-half of the calendar year and receives more than half his support during that year from his parents, such child shall be treated, for purposes of section 152, as receiving over half of his support during the calendar year from the parent having custody for a greater portion of the calendar year (the custodial parent). Sec. 152(e)(1); King v. Commissioner, 121 T.C. 245, 250-251 (2003). A custodial parent may release claim to the exemption pursuant to the provisions of section 152(e)(2), which provides: SEC. 152(e). Support Test in Case of Child of Divorced Parents, Etc.-- * * * * * * * (2) Exception where custodial parent releases claim to exemption for the year.--A child of parents * * * shall be treated as having received over half of his support during a calendar year from the noncustodial parent if–-Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011