- 6 - 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 whoPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011