David B. and Sharon J. D'Amours - Page 9

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               Section 152(a)(1) defines the term “dependent” to include a            
          taxpayer’s child, provided that more than half of the child’s               
          support was received from the taxpayer or is treated under                  
          section 152(e) as received from the taxpayer.                               
               In the case of a child of divorced parents, section                    
          152(e)(1) provides as a general rule that the child shall be                
          treated as receiving over half of his or her support from the               
          custodial parent.  Section 1.152-4(b), Income Tax Regs.,                    
          provides that custody “will be determined by the terms of the               
          most recent decree of divorce” if there is one in effect.                   
               Thus, in the present case, because Ms. Pond had legal                  
          custody as well as physical custody of ND and BD throughout                 
          2002, she was the custodial parent in 2002, and petitioner was              
          the noncustodial parent.                                                    
               Section 152(e)(2) provides an exception to the general rule            
          of section 152(e)(1).  Pursuant to that exception, the child                
          shall be treated as receiving more than 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.                      







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