Nasser and Scottiann Zamani - Page 7

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               “Custody,” for purposes of this section, will be                       
               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.                   
               In the event of so-called “split” custody, or if                       
               neither a decree or agreement establishes who has                      
               custody, * * * “custody” will be deemed to be with the                 
               parent who, as between both parents, has the physical                  
               custody of the child for the greater portion of the                    
               calendar year.  [Sec. 1.152-4(b), Income Tax Regs.]                    
               A custodial parent may release claim to the exemption                  
          pursuant to the provisions of section 152(e)(2), which provides:            
                    SEC. 152(e). Support Test in Case of Child of                     
               Divorced Parents, Etc.--                                               
                        *     *     *     *     *     *     *                         
                    (2) Exception where custodial parent releases                     
               claim to exemption for the year.--A child * * * shall                  
               be treated as having received over half of his support                 
               during a calendar year 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,                     
                           (B) the noncustodial parent attaches                       
                    such written declaration to the noncustodial                      
                    parent’s return for the taxable year                              
                    beginning during such calendar year.                              
                    For purposes of this subsection, the term                         
                    “noncustodial parent” means the parent who is                     
                    not the custodial parent.                                         
               The temporary regulations promulgated with respect to                  
          section 152(e)(2) provide that a noncustodial parent may claim              
          the exemption for a dependent child “only if the noncustodial               

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Last modified: May 25, 2011