George Ray Flanigan - Page 7

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          II.  Dependency Exemption Deduction                                         
               In general, a taxpayer may be entitled to claim as a                   
          deduction an exemption amount for each of his or her dependents.            
          Sec. 151(c).  An individual must meet the following five tests in           
          order to qualify as a dependent of the taxpayer:  (1) Support               
          test; (2) relationship or household test; (3) citizenship or                
          residency test; (4) gross income test; and (5) joint return test.           
          Secs. 151 and 152; Brissett v. Commissioner, T.C. Memo. 2003-310.           
          If the individual fails any of these tests, he or she does not              
          qualify as a dependent.                                                     
               With respect to the support test, a taxpayer generally must            
          provide more than half of a claimed dependent’s support for the             
          calendar year in which the taxable year of the taxpayer begins.             
          Sec. 152(a).  In the case of a child of legally separated                   
          parents, if the child is in the custody of one or both of his               
          parents for more than half of the calendar year and receives more           
          than half his support during that year from his parents, such               
          child shall be treated, for purposes of section 152, as receiving           
          over half of his support during the calendar year from the parent           
          having custody for a greater portion of the calendar year (the              
          custodial parent).  Sec. 152(e)(1).  For this purpose, the word             
          “custody” as used in section 152(e) is defined in section 1.152-            
          4(b), Income Tax Regs., which provides:                                     







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