Jeffrey Scott and Nancy J. Robb - Page 5

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          custody for a greater portion of the calendar year (“custodial              
          parent”) generally shall be treated as providing over half of the           
          support for the minor dependent.  A noncustodial parent may be              
          treated as providing over half of the support for the minor                 
          dependent if the requirements of section 152(e)(2) are satisfied.           
               Section 152(e)(2) provides:                                            
                    (2)  Exception where custodial parent releases claim to           
               exemption for the year.–-A child * * * shall be treated as             
               having received over half of his support during a calendar             
               year from the noncustodial parent if–-                                 
                         (A) the custodial parent signs a written                     
                    declaration (in such manner and form as the Secretary             
                    may by regulations prescribe) that such custodial                 
                    parent will not claim such child as a dependent for any           
                    taxable year beginning in such calendar year, and                 
                         (B) the noncustodial parent attaches such written            
                    declaration to the noncustodial parent’s return for the           
                    taxable year beginning during such calendar year.                 
               Section 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., 49             
          Fed. Reg. 34459 (Aug. 31, 1984),2 provides:                                 
                    A noncustodial parent may claim the exemption for a               
               dependent child only if the noncustodial parent attaches to            
               his/her income tax return for the year of the exemption a              
               written declaration from the custodial parent stating that             
               he/she will not claim the child as a dependent for the                 
               taxable year beginning in such calendar year.  The written             
               declaration may be made on a form to be provided by the                
               Service for this purpose. * * *                                        


               2  Temporary regulations are entitled to the same weight as            
          final regulations.  See Peterson Marital Trust v. Commissioner,             
          102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d Cir. 1996); Truck           
          & Equip. Corp. v. Commissioner, 98 T.C. 141, 149 (1992); see also           
          LeCroy Research Sys. Corp. v. Commissioner, 751 F.2d 123, 127 (2d           
          Cir. 1984), revg. on other grounds T.C. Memo. 1984-145.                     





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