Paul W. and Debbie K. Colozza - Page 6

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          residence of the child was with the former spouse, she is                   
          considered the child’s “custodial parent” under section 152(e).             
               Petitioner, as the “noncustodial parent”, is allowed to                
          claim a child as a dependent only if one of three statutory                 
          exceptions is met.  Under these exceptions, the noncustodial                
          parent is treated as providing over half of a child’s support               
          and, therefore, entitled to the dependency exemption if, as                 
          pertains to this case:  “(A)  The custodial parent signs a                  
          written declaration that such custodial parent will not claim               
          such child as a dependent”, and “(B) the noncustodial parent                
          attaches such written declaration to the noncustodial parent’s              
          return for the taxable year”.  Sec. 152(e)(2).  The two other               
          situations in which petitioner could have claimed the exemption             
          are not applicable to this case.                                            
               With respect to the provisions of section 152(e) and the               
          pertinent portion of section 152(e)(2) described above, in order            
          for the noncustodial spouse to claim the dependency exemption               
          deduction, it is specifically required that the custodial parent            
          sign “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”.  Pursuant to              
          this statutory provision, temporary regulations were promulgated            
          that provide:  “The written declaration may be made on a form to            
          be provided by the Service for this purpose.  Once the Service              





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