- 6 - “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, and (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 noncustodialPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011