Walter D. and Pauleana L. Mace - Page 5

                                        - 4 -                                         
                                     Discussion3                                      
          A.   Dependency Exemption Deduction                                         
               Sections 151 and 152 provide that a taxpayer is entitled to            
          deduct an exemption for a dependent if the taxpayer provides over           
          half of the support for the dependent.  Under section 152(e)(1),            
          in the case of a minor dependent whose parents are divorced,                
          separated under a written agreement, or who have lived apart at             
          all times during the last 6 months of the calender year, 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) generally shall be treated as              
          providing over half of the support for the minor dependent.                 
          Section 152(e)(1) applies to parents who have never married each            
          other, and therefore it applies in this case.  King v.                      
          Commissioner, 121 T.C. 245, 251 (2003).                                     
               Petitioner is not the custodial parent and is not entitled             
          to the dependency exemption deduction under section 152(e)(1).  A           
          noncustodial parent may be entitled to the exemption if one of              
          three exceptions in section 152(e) is satisfied.  The only                  
          exception relevant to this case is contained in section                     
          152(e)(2).  Section 152(e)(2) provides that a child shall be                
          treated as having received over half of his or her support from             


               3    We decide the issue in this case without regard to the            
          burden of proof.  See Higbee v. Commissioner, 116 T.C. 438                  
          (2001).                                                                     




Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011