Shane Nolan and Monika Anne Lewis - Page 7

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               Section 1.152-4(b), Income Tax Regs., provides that custody            
          is determined by the terms of the most recent decree of divorce             
          or separate maintenance, or subsequent custody decree, or, if               
          none, a written separation agreement.  Since petitioner and the             
          mother were never married, there was no decree of divorce or                
          separate maintenance severing their relationship.  However, in a            
          subsequent court decree, the mother was decreed as having                   
          principal custody of the child.  Under section 1.152-4(b), Income           
          Tax Regs., the mother was the child’s custodial parent.                     
          Therefore, the mother was entitled to the dependency exemption              
          under section 152(e)(1), if she and petitioner provided more than           
          one-half of the child’s support, unless petitioners met one of              
          the exceptions set forth in section 152(e).                                 
               The first exception, section 152(e)(2), allows the                     
          noncustodial parent the dependency exemption if, among other                
          requirements not at issue here, the custodial parent signs a                
          written declaration that such parent will not claim the child as            
          a dependent for such taxable year.  The appropriate vehicle for             
          that purpose is Form 8332.  Petitioners sought but were not                 
          successful in obtaining such a release from the mother.  The                
          other relevant exception, section 152(e)(4), requires a multiple            
          support agreement (see supra note 4) whereby petitioners would              
          have been allowed the dependency exemption deduction by the other           
          parties providing support to the child.  The other parties who              





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