- 6 - proof has not shifted to respondent with respect to the issue in the present case. Moreover, deductions are a matter of legislative grace and are allowed only as specifically provided by statute. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Section 151(a) authorizes deductions for the exemptions provided by that section. In particular, section 151(c)(1) provides an exemption for each of a taxpayer’s dependents, as defined in section 152, who is a child of the taxpayer and who has not reached the age of 19 by the close of the taxable year. Sec. 151(c)(1)(B). Section 152(a)(1) defines the term “dependent” to include a taxpayer’s child, provided that more than half of the child’s support was received from the taxpayer or is treated under section 152(e) as received from the taxpayer. In the case of a child of divorced parents, section 152(e)(1) provides as a general rule that the child shall be treated as receiving over half of his or her support from the custodial parent. Section 1.152-4(b), Income Tax Regs., provides that custody “will be determined by the terms of the most recent decree of divorce” if there is one in effect. In the event of so-called split or joint custody, “‘custody’ will be deemed to be with the parent who, as between both parents, has the physicalPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011