- 5 - OPINION A. Applicable Code Sections and Regulations Section 151 provides a tax exemption as a deduction in computing taxable income for a taxpayer’s dependents (dependency exemption). Section 152(a) defines “dependent” to include the son or daughter of a taxpayer, over half of whose support was received from the taxpayer for the calendar year in which the applicable taxable year begins. Section 24 provides a credit against income tax for each qualified child of a taxpayer who is under 17 years of age, but the applicable statutory definition of a qualified child is one for whom a taxpayer may claim a deduction under section 151. Sec. 24(c)(1)(A). Thus, a taxpayer is ineligible for the child tax credit under section 24 unless eligible for the dependency exemption under section 151. Where the parents of a dependent child are divorced or legally separated, section 152(e)(1) generally confers the dependency exemption onto the parent having custody of the child for the greater portion of the calendar year (custodial parent).3 As an exception to the general rule, a noncustodial parent may claim the exemption where the custodial parent executes a valid written declaration releasing his or her claim to the exemption, 3Sec. 152(e)(1) establishes a support test outlining the specific requirements for a custodial parent to qualify for this exemption. Because the issue here involves whether the custodial parent released her claim to the exemption, and neither party disputes Mrs. Norris’s satisfaction of the support test, we decline to discuss it further here.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007