- 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