Gary Lyle Gibson and Mirian Julia Alves - Page 6

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         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.                                                     




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