- 8 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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