Michael E. and Laura A. Taylor - Page 6

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          4(b), Income Tax Regs.  If any such instrument is silent as to              
          custody, has its validity questioned, or awards “split” or joint            
          custody, then the parent who has custody for the greater portion            
          of the calendar year will be the custodial parent.  Id.                     
               A noncustodial parent may be entitled to the dependency                
          exemption deduction if one of three exceptions in section 152(e)            
          is satisfied.  The only exception relevant to this case is                  
          section 152(e)(2).  Section 152(e)(2) provides that a child shall           
          be treated as having received over 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.                      
               Section 1.152-4T(a), Q&A-3, Temporary Income Tax Regs., 49             
          Fed. Reg. 34459 (Aug. 31, 1984),2 further provides:                         
               The written declaration may be made on a form to be                    
               provided by the Service for this purpose. * * *                        




               2    Temporary regulations are entitled to the same weight             
          as final regulations.  See Peterson Marital Trust v.                        
          Commissioner, 102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d               
          Cir. 1996); Truck & Equip. Corp. v. Commissioner, 98 T.C. 141,              
          149 (1992); see also LeCroy Research Sys. Corp. v. Commissioner,            
          751 F.2d 123, 127 (2d Cir. 1984), revg. on other grounds T.C.               
          Memo. 1984-145.                                                             





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