Brooks Edward Omans and Tonya Renee Omans Rateau - Page 8

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          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.                     





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