- 4 - child and was entitled to the dependency exemption deduction. The noncustodial parent, however, was entitled to the exemption if he or she provided $1,200 or more for the support of the child and the custodial parent did not “clearly establish” by a preponderance of the evidence that he or she provided more than the noncustodial parent. See sec. 152(e), prior to amendment by the Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 423(a), 98 Stat. 799, 848. This put the Internal Revenue Service (IRS) in the middle of conflicts between parents that were “often subjective and [presented] difficult problems of proof and substantiation.” H. Rept. 98-432 (Part II), at 1498 (1984). Congress amended section 152(e) and gave the exemption to the custodial parent unless that parent waives the right to claim the exemption. Id. at 1499. Absent such a waiver, under section 152(e)(1), in the case of a minor dependent whose parents are divorced or separated and together provide over half of the support for the minor dependent, the parent having custody for a greater portion of the calendar year (custodial parent) will generally be treated as providing over half of the support for the minor dependent, and that parent will be entitled to the deduction. At trial, petitioner claimed that he had custody of Thomas for a greater portion of 2001. Petitioner did not, however, present any evidence, other than his own rather vague testimony,Page: Previous 1 2 3 4 5 6 7 8 9 Next
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