Stephen James Caputi - Page 4

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          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,            






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