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Old 02-17-2004, 12:37 AM
D. Stussy
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Default Re: a question on custodial parents

Paul A Thomas wrote:
- quote -

> "Wcm7315" <wcm7315[at]aol.com> wrote

> > Am I correct in interpreting the rule (at least for TY 2003)
> > concerning exemptions for parents as follows: If the parents
> > were never married, custody does not determine who gets the
> > exemption. It goes back to who is supporting the child.
> > Correct?


> Nope.


> > From Publication 501 (2003)


> EXEMPTIONS, STANDARD DEDUCTION, AND FILING INFORMATION
> General rule. The parent who has custody of the child for
> the greater part of the year (the custodial parent ) is
> generally treated as the parent who provides more than half
> of the child's support. It does not matter whether the
> custodial parent actually provided more than half of the
> support.
> Parents who never married. These special rules for divorced
> or separated parents also apply to parents who never
> married.


This might be what the IRS is saying now, but that could
also be a misinterpretation of the Tax Court case in 2003
where never-married parents CHOSE to use form 8332 and were
thus bound by its meaning. The STATUTE itself has not
changed in the past year.

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  #1  
Old 02-11-2004, 01:01 PM
Phil Marti
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Default Re: a question on custodial parents

wcm7315[at]aol.com (Wcm7315) writes:

- quote -

> Am I correct in interpreting the rule (at least for TY 2003)
> concerning exemptions for parents as follows: If the parents
> were never married, custody does not determine who gets the
> exemption. It goes back to who is supporting the child.
> Correct?


Incorrect. We just had a thread on this. Search on "501"
in the subject line. All parents are now treated the same
when determining the Support test for dependency.

Phil Marti
Topeka, KS

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Old 02-11-2004, 12:42 PM
Paul A Thomas
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Posts: n/a
Default Re: a question on custodial parents

"Wcm7315" <wcm7315[at]aol.com> wrote

- quote -

> Am I correct in interpreting the rule (at least for TY 2003)
> concerning exemptions for parents as follows: If the parents
> were never married, custody does not determine who gets the
> exemption. It goes back to who is supporting the child.
> Correct?


Nope.

- quote -

> From Publication 501 (2003)

EXEMPTIONS, STANDARD DEDUCTION, AND FILING INFORMATION

General rule. The parent who has custody of the child for
the greater part of the year (the custodial parent ) is
generally treated as the parent who provides more than half
of the child's support. It does not matter whether the
custodial parent actually provided more than half of the
support.

Parents who never married. These special rules for divorced
or separated parents also apply to parents who never
married.

--
Snowmen fall from heaven unassembled.
-------------
Paul A. Thomas, CPA
taxman at negia.net

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  #-1  
Old 02-10-2004, 07:46 PM
Wcm7315
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Posts: n/a
Default a question on custodial parents

Am I correct in interpreting the rule (at least for TY 2003)
concerning exemptions for parents as follows: If the parents
were never married, custody does not determine who gets the
exemption. It goes back to who is supporting the child.
Correct?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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