James M. Melton - Page 5

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          considered his time and then one-half of the remaining time is              
          his custodial time.  We disagree.  We believe that the former               
          wife had custody during the times not specifically set forth in             
          the judgment.  Petitioner is not the custodial parent and is not            
          entitled to the dependency exemption deductions 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             
          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),3 further provides:                         
               The written declaration may be made on a form to be                    
               provided by the Service for this purpose. * * *                        



               3    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).                                                                 




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