Brooks Edward Omans and Tonya Renee Omans Rateau - Page 9

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          Internal Revenue Service then found itself “in the position of an           
          unwilling arbiter between the contending parents.”  S. Rept. 90-            
          488, 90th Cong., 1st Sess. 1528 (1967).                                     
               In order to keep the Internal Revenue Service out of these             
          disputes, section 152(e), as amended in 1966, provided as a                 
          general rule that the parent who had custody of a child for the             
          greater portion of the year is entitled to the deduction.  Act of           
          Aug. 31, 1967, Pub. L. 90-78, 81 Stat. 191.  Congress recognized            
          that divorcing parents often take dependency exemptions into                
          account when dividing the financial assets of a marriage, and an            
          exception to this general rule included instances where the                 
          parent who had custody for the lesser period was granted the                
          deduction as part of a divorce decree or separate maintenance               
          agreement.                                                                  
               Accounting for custody proved as difficult as tracking                 
          support and still presented the same problem of substantiation              
          and proof.  H. Rept. 98-432 (Part 2), at 1498 (1984).  Congress             
          again amended section 152(e) to “[allow] the custodial spouse the           
          exemption unless that spouse waives his or her right to claim the           
          exemption” still with the intention that dependency disputes                
          between parents would be resolved without the involvement of the            
          Internal Revenue Service.  Id. at 1499.9                                    

          9    In October 2004, as part of the Working Families Tax Relief            
          Act of 2004, Pub. L. 108-311, sec. 201, 118 Stat. 1169, sec.                
                                                             (continued...)           





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