Neil J. Norman - Page 6




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          tax return was filed.  Accordingly, the burden remains on                   
          petitioner.                                                                 
          II. Dependency Exemption Deductions                                         
               Section 151 allows a taxpayer to deduct a personal                     
          exemption, as well as dependency exemptions for the taxpayer’s              
          dependents.  Sec. 151(a), (c).  Section 152(a) defines                      
          “dependent”, in pertinent part, to include a son or daughter of             
          the taxpayer over half of whose financial support for the taxable           
          year was received from the taxpayer.  The claimed individuals,              
          JN1 and JN2, are petitioner’s daughters.  “Support” is defined as           
          including “food, shelter, clothing, medical and dental care,                
          education, and the like.”  Sec. 1.152-1(a)(2)(i), Income Tax                
          Regs.                                                                       
               In the case of a child of divorced parents, if the child               
          receives over half of her support from her parents who are                  
          divorced under a decree of divorce, and the child is in the                 
          custody of one or both of her parents for more than one-half of             
          the taxable year, then the child will be treated as receiving               
          over half of her support from the parent having custody for a               
          greater portion of the calendar year (custodial parent).                    
          Sec. 152(e)(1).  Petitioner’s former spouse was the custodial               
          parent of JN1 and JN2 for 2003.                                             
               The noncustodial parent is entitled to claim the dependency            
          exemption deduction if one of three exceptions in section 152(e)            







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