- 7 - entitled to the dependency exemption deductions under section 152(e)(1). A noncustodial parent may be entitled to dependency exemption deductions 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),8 further provides: The written declaration may be made on a form to be provided by the Service for this purpose. * * * The 1954 Code gave the dependency exemption deduction to the parent who contributed more than one-half of the support of the child for the year. Difficulties were encountered in establishing this requirement, as both parents often honestly believe they contributed more than one-half of the support. The 8 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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