- 5 - percent of their children’s support.3 Petitioners’ argument is flawed. Before 1985, the custodial parent generally was treated as having provided more than half of the support for each minor child and was entitled to the dependency exemption deduction. The noncustodial parent, however, was entitled to the dependency exemption deduction if he or she provided $1,200 or more for the support of the child and the custodial parent did not “clearly establish” by a preponderance of the evidence that he or she provided more than the noncustodial parent. See sec. 152(e) before amendment by the Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 423(a), 98 Stat. 799. This put the Internal Revenue Service in the middle of conflicts between parents that were “often subjective and [presented] difficult problems of proof and substantiation.” H. Rept. 98-432 (Part 2), at 1498 (1984). Congress amended section 152(e) and gave the dependency exemption deduction to the custodial parent unless that parent waives the right to claim it. Id. at 1499. Absent such a waiver, under section 152(e)(1), in the case of a minor dependent whose parents are divorced or separated and together provide over half of the support for the minor dependent, the parent having custody for the greater portion of the calendar year will 3 At trial, petitioners did not submit any evidence to support their claim that they contributed more than 50 percent of the children’s support.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011