Internal Revenue Code:Sec. 152. Dependent defined

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Contents


Location in Internal Revenue Code


     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle A - Income Taxes
       CHAPTER 1 - NORMAL TAXES AND SURTAXES
        Subchapter B - Computation of Taxable Income
         PART V - DEDUCTIONS FOR PERSONAL EXEMPTIONS
       

Statute

    SEC. 152. DEPENDENT DEFINED.

    (a) In General.--For purposes of this subtitle, the term `dependent' means--
        (1) a qualifying child, or
        (2) a qualifying relative.

    (b) Exceptions.--For purposes of this section--
        (1) Dependents ineligible.--If an individual is a 
            dependent of a taxpayer for any taxable year of such taxpayer 
            beginning in a calendar year, such individual shall be treated 
            as having no dependents for any taxable year of such individual 
            beginning in such calendar year.
        (2) Married dependents.--An individual shall not be 
            treated as a dependent of a taxpayer under subsection (a) if 
            such individual has made a joint return with the individual's 
            spouse under section 6013 for the taxable year beginning in the 
            calendar year in which the taxable year of the taxpayer begins.
        (3) Citizens or nationals of other countries.--
            (A) In general.--The term `dependent' does not 
                include an individual who is not a citizen or national 
                of the United States unless such individual is a resident
                of the United States or a country contiguous to the 
                United States.
            (B) Exception for adopted child.--Subparagraph (A) 
                shall not exclude any child of a taxpayer (within the 
                meaning of subsection (f)(1)(B)) from the definition of 
                `dependent' if--
                (i) for the taxable year of the taxpayer, 
                    the child has the same principal place of abode as 
                    the taxpayer and is a member of the taxpayer's 
                    household, and
                (ii) the taxpayer is a citizen or national 
                    of the United States.

    (c) Qualifying Child.--For purposes of this section--
        (1) In general.--The term `qualifying child' means, with 
            respect to any taxpayer for any taxable year, an individual--
            (A) who bears a relationship to the taxpayer 
                described in paragraph (2),
            (B) who has the same principal place of abode as 
                the taxpayer for more than one-half of such taxable 
                year,
            (C) who meets the age requirements of paragraph (3), and
            (D) who has not provided over one-half of such 
                individual's own support for the calendar year in which 
                the taxable year of the taxpayer begins.
        (2) Relationship.--For purposes of paragraph (1)(A), an 
            individual bears a relationship to the taxpayer described in 
            this paragraph if such individual is--
             (A) a child of the taxpayer or a descendant of such a child, or
             (B) a brother, sister, stepbrother, or stepsister 
                 of the taxpayer or a descendant of any such relative.
        (3) Age requirements.--
             (A) In general.--For purposes of paragraph (1)(C), 
                 an individual meets the requirements of this paragraph 
                 if such individual--
                 (i) has not attained the age of 19 as of the 
                      close of the calendar year in which the taxable 
                      year of the taxpayer begins, or
                 (ii) is a student who has not attained the 
                      age of 24 as of the close of such calendar year.
             (B) Special rule for disabled.--In the case of an 
                 individual who is permanently and totally disabled (as 
                 defined in section 22(e)(3)) at any time during such 
                 calendar year, the requirements of subparagraph (A) 
                 shall be treated as met with respect to such individual.
         (4) Special rule relating to 2 or more claiming qualifying child.--
             (A) In general.--Except as provided in 
                 subparagraph (B), if (but for this paragraph) an 
                 individual may be and is claimed as a qualifying child 
                 by 2 or more taxpayers for a taxable year beginning in 
                 the same calendar year, such individual shall be treated 
                 as the qualifying child of the taxpayer who is--
                 (i) a parent of the individual, or
                 (ii) if clause (i) does not apply, the 
                      taxpayer with the highest adjusted gross income 
                      for such taxable year.
              (B) More than 1 parent claiming qualifying 
                  child.--If the parents claiming any qualifying child do 
                  not file a joint return together, such child shall be 
                  treated as the qualifying child of--
                  (i) the parent with whom the child resided 
                      for the longest period of time during the taxable 
                      year, or
                  (ii) if the child resides with both parents 
                      for the same amount of time during such taxable 
                      year, the parent with the highest adjusted gross 
                      income.

    (d) Qualifying Relative.--For purposes of this section--
        (1) In general.--The term `qualifying relative' means, 
            with respect to any taxpayer for any taxable year, an 
            individual--
            (A) who bears a relationship to the taxpayer 
                described in paragraph (2),
            (B) whose gross income for the calendar year in 
                which such taxable year begins is less than the 
                exemption amount (as defined in section 151(d)),
            (C) with respect to whom the taxpayer provides 
                over one-half of the individual's support for the 
                calendar year in which such taxable year begins, and
            (D) who is not a qualifying child of such taxpayer 
                or of any other taxpayer for any taxable year beginning 
                in the calendar year in which such taxable year begins.
        (2) Relationship.--For purposes of paragraph (1)(A), an 
            individual bears a relationship to the taxpayer described in 
            this paragraph if the individual is any of the following with 
            respect to the taxpayer:
            (A) A child or a descendant of a child.
            (B) A brother, sister, stepbrother, or stepsister.
            (C) The father or mother, or an ancestor of either.
            (D) A stepfather or stepmother.
            (E) A son or daughter of a brother or sister of 
                the taxpayer.
            (F) A brother or sister of the father or mother of 
                the taxpayer.
            (G) A son-in-law, daughter-in-law, father-in-law, 
                mother-in-law, brother-in-law, or sister-in-law.
            (H) An individual (other than an individual who at 
                any time during the taxable year was the spouse, 
                determined without regard to section 7703, of the 
                taxpayer) who, for the taxable year of the taxpayer, has 
                the same principal place of abode as the taxpayer and is 
                a member of the taxpayer's household.
        (3) Special rule relating to multiple support agreements.--
            For purposes of paragraph (1)(C), over one-half of 
            the support of an individual for a calendar year shall be 
            treated as received from the taxpayer if--
            (A) no one person contributed over one-half of such support,
            (B) over one-half of such support was received 
                from 2 or more persons each of whom, but for the fact 
                that any such person alone did not contribute over one-
                half of such support, would have been entitled to claim 
                such individual as a dependent for a taxable year 
                beginning in such calendar year,
            (C) the taxpayer contributed over 10 percent of 
                such support, and
            (D) each person described in subparagraph (B) 
                (other than the taxpayer) who contributed over 10 
                percent of such support files a written declaration (in 
                such manner and form as the Secretary may by regulations 
                prescribe) that such person will not claim such 
                individual as a dependent for any taxable year beginning 
                in such calendar year.
        (4) Special rule relating to income of handicapped dependents.--
            (A) In general.--For purposes of paragraph (1)(B), 
                the gross income of an individual who is permanently and 
                totally disabled (as defined in section 22(e)(3)) at any 
                time during the taxable year shall not include income 
                attributable to services performed by the individual at 
                a sheltered workshop if--
                (i) the availability of medical care at such 
                    workshop is the principal reason for the 
                    individual's presence there, and
                (ii) the income arises solely from 
                    activities at such workshop which are incident to 
                    such medical care.
            (B) Sheltered workshop defined.--For purposes of subparagraph (A),
                the term `sheltered workshop' means a school--
                (i) which provides special instruction or 
                    training designed to alleviate the disability of 
                    the individual, and
                (ii) which is operated by an organization 
                    described in section 501(c)(3) and exempt from tax 
                    under section 501(a), or by a State, a possession 
                    of the United States, any political subdivision of 
                    any of the foregoing, the United States, or the 
                    District of Columbia.
        (5) Special rules for support.--For purposes of this subsection--
            (A) payments to a spouse which are includible in 
                the gross income of such spouse under section 71 or 682 
                shall not be treated as a payment by the payor spouse 
                for the support of any dependent, and
            (B) in the case of the remarriage of a parent, 
                support of a child received from the parent's spouse 
                shall be treated as received from the parent.
    (e) Special Rule for Divorced Parents, Etc.--
        (1) In general.--Notwithstanding subsection (c)(1)(B), 
        (c)(4), or (d)(1)(C), if--
            (A) a child receives over one-half of the child's 
                support during the calendar year from the child's 
                parents--
                  (i) who are divorced or legally separated 
                      under a decree of divorce or separate maintenance,
                 (ii) who are separated under a written 
                      separation agreement, or
                (iii) who live apart at all times during the 
                      last 6 months of the calendar year, and--
                  (B) such child is in the custody of 1 or both of 
                the child's parents for more than one-half of the 
                calendar year, such child shall be treated as being the 
                qualifying child or qualifying relative of the 
                noncustodial parent for a calendar year if the 
                requirements described in paragraph (2) or (3) are met.
      (2) Exception where custodial parent releases claim to 
        exemption for the year.--For purposes of paragraph (1), the 
        requirements described in this paragraph are met with respect to 
        any calendar year if--
            (A) the <<NOTE: Regulations.>> 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.
      (3) Exception for certain pre-1985 instruments.--
            (A) In general .--For purposes of paragraph (1), 
                the requirements described in this paragraph are met 
                with respect to any calendar year if--
                  (i) a qualified pre-1985 instrument between 
                      the parents applicable to the taxable year 
                      beginning in such calendar year provides that the 
                      noncustodial parent shall be entitled to any 
                      deduction allowable under section 151 for such 
                      child, and
                 (ii) the noncustodial parent provides at 
                      least $600 for the support of such child during 
                      such calendar year.
                For purposes of this subparagraph, amounts expended for 
                the support of a child or children shall be treated as 
                received from the noncustodial parent to the extent that 
                such parent provided amounts for such support.
            (B) Qualified pre-1985 instrument.--For purposes 
                of this paragraph, the term `qualified pre-1985 
                instrument' means any decree of divorce or separate 
                maintenance or written agreement--
                  (i) which is executed before January 1, 
                      1985,
                 (ii) which on such date contains the 
                      provision described in subparagraph (A)(i), and
                (iii) which is not modified on or after such 
                      date in a modification which expressly provides 
                      that this paragraph shall not apply to such decree 
                      or agreement.
      (4) Custodial parent and noncustodial parent.--For 
        purposes of this subsection--
            (A) Custodial parent.--The term `custodial parent' 
                means the parent having custody for the greater portion 
                of the calendar year.
            (B) Noncustodial parent.--The term `noncustodial 
                parent' means the parent who is not the custodial 
                parent.
      (5) Exception for multiple-support agreement.--This 
        subsection shall not apply in any case where over one-half of 
        the support of the child is treated as having been received from 
        a taxpayer under the provision of subsection (d)(3).
      (6) Special rule for support received from new spouse of 
        parent.--For purposes of this subsection, in the case of the 
        remarriage of a parent, support of a child received from the 
        parent's spouse shall be treated as received from the parent.
    (f) Other Definitions and Rules.--For purposes of this section--
        (1) Child defined.--
            (A) In general.--The term `child' means an 
                individual who is--
                (i) a son, daughter, stepson, or stepdaughter of the 
                    taxpayer, or
                (ii) an eligible foster child of the taxpayer.
            (B) Adopted child.--In determining whether any of 
                the relationships specified in subparagraph (A)(i) or 
                paragraph (4) exists, a legally adopted individual of 
                the taxpayer, or an individual who is lawfully placed 
                with the taxpayer for legal adoption by the taxpayer, 
                shall be treated as a child of such individual by blood.
            (C) Eligible foster child.--For purposes of 
                subparagraph (A)(ii), the term `eligible foster child' 
                means an individual who is placed with the taxpayer by 
                an authorized placement agency or by judgment, decree, 
                or other order of any court of competent jurisdiction.
        (2) Student defined.--The term `student' means an 
            individual who during each of 5 calendar months during the 
            calendar year in which the taxable year of the taxpayer begins--
            (A) is a full-time student at an educational 
                organization described in section 170(b)(1)(A)(ii), or
            (B) is pursuing a full-time course of 
                institutional on-farm training under the supervision of 
                an accredited agent of an educational organization 
                described in section 170(b)(1)(A)(ii) or of a State or 
                political subdivision of a State.
        (3) Determination of household status.--An individual 
            shall not be treated as a member of the taxpayer's household if 
            at any time during the taxable year of the taxpayer the 
            relationship between such individual and the taxpayer is in 
            violation of local law.
        (4) Brother and sister.--The terms `brother' and `sister' 
            include a brother or sister by the half blood.
        (5) Special support test in case of students.--For 
            purposes of subsections (c)(1)(D) and (d)(1)(C), in the 
            case of an individual who is--
            (A) a child of the taxpayer, and
            (B) a student,
            amounts received as scholarships for study at an educational 
            organization described in section 170(b)(1)(A)(ii) shall not be 
            taken into account.
        (6) Treatment of missing children.--
            (A) In general.--Solely for the purposes referred 
                to in subparagraph (B), a child of the taxpayer--
                (i) who is presumed by law enforcement 
                    authorities to have been kidnapped by someone who 
                    is not a member of the family of such child or the 
                    taxpayer, and
                (ii) who had, for the taxable year in which 
                    the kidnapping occurred, the same principal place 
                    of abode as the taxpayer for more than one-half of 
                    the portion of such year before the date of the 
                    kidnapping,
                shall be treated as meeting the requirement of 
                subsection (c)(1)(B) with respect to a taxpayer for all 
                taxable years ending during the period that the child is 
                kidnapped.
            (B) <<NOTE: Applicability.>> Purposes.--
                Subparagraph (A) shall apply solely for purposes of 
                determining--
                (i) the deduction under section 151(c),
                (ii) the credit under section 24 (relating to child tax credit),
                (iii) whether an individual is a surviving spouse or a head
                    of a household (as such terms are defined in section 2),
                    and
                (iv) the earned income credit under section 32.
            (C) Comparable treatment of certain qualifying 
                relatives.--For purposes of this section, a child of the 
                taxpayer--
                (i) who is presumed by law enforcement 
                    authorities to have been kidnapped by someone who 
                    is not a member of the family of such child or the 
                    taxpayer, and
                (ii) who was (without regard to this 
                    paragraph) a qualifying relative of the taxpayer 
                    for the portion of the taxable year before the 
                    date of the kidnapping,
                shall be treated as a qualifying relative of the 
                taxpayer for all taxable years ending during the period 
                that the child is kidnapped.
            (D) Termination of treatment.--Subparagraphs (A) 
                and (C) shall cease to apply as of the first taxable 
                year of the taxpayer beginning after the calendar year 
                in which there is a determination that the child is dead 
                (or, if earlier, in which the child would have attained 
                age 18).
        (7) Cross references.--
            For provision treating child as dependent of both 
            parents for purposes of certain provisions, see sections 
            105(b), 132(h)(2)(B), and 213(d)(5).

 

Sources

    (Aug. 16, 1954, ch. 736, 68A Stat. 43; Aug. 9, 1955, ch. 693, Sec.
    2, 69 Stat. 626; Pub. L. 85-866, title I, Sec. 4(a)-(c), Sept. 2,
    1958, 72 Stat. 1607; Pub. L. 86-376, Sec. 1(a), Sept. 23, 1959, 73
    Stat. 699; Pub. L. 90-78, Sec. 1, Aug. 31, 1967, 81 Stat. 191; Pub.
    L. 91-172, title IX, Sec. 912(a), Dec. 30, 1969, 83 Stat. 722; Pub.
    L. 92-580, Sec. 1(a), Oct. 27, 1972, 86 Stat. 1276; Pub. L. 94-455,
    title XIX, Sec. 1901(a)(24), (b)(7)(B), (8)(A), 1906(b)(13)(A),
    title XXI, Sec. 2139(a), Oct. 4, 1976, 90 Stat. 1767, 1794, 1834,
    1932; Pub. L. 98-369, div.  A, title IV, Sec. 423(a), 482(b)(2),
    July 18, 1984, 98 Stat. 799, 848; Pub. L. 99-514, title I, Sec.
    104(b)(1)(B), (3), title XIII, Sec. 1301(j)(8), Oct. 22, 1986, 100
    Stat. 2104, 2105, 2658.)
 

Miscellaneous

                                 AMENDMENTS
      2005 - P.L. 109-135, Section 404
      (a) Amendment Related to Section 201 of the Act.--Subsection (e) of 
      section 152 is amended to read as follows:
      ``(e) Special Rule for Divorced Parents, Etc.--
            ``(1) In general.--Notwithstanding subsection (c)(1)(B), 
        (c)(4), or (d)(1)(C), if--
                    ``(A) a child receives over one-half of the child's 
                support during the calendar year from the child's 
                parents--
                          ``(i) who are divorced or legally separated 
                      under a decree of divorce or separate maintenance,
                          ``(ii) who are separated under a written 
                      separation agreement, or
                          ``(iii) who live apart at all times during the 
                      last 6 months of the calendar year, and--
                    ``(B) such child is in the custody of 1 or both of 
                the child's parents for more than one-half of the 
                calendar year, such child shall be treated as being the 
                qualifying child or qualifying relative of the 
                noncustodial parent for a calendar year if the 
                requirements described in paragraph (2) or (3) are met.
            ``(2) Exception where custodial parent releases claim to 
        exemption for the year.--For purposes of paragraph (1), the 
        requirements described in this paragraph are met with respect to 
        any calendar year if--
                    ``(A) the <<NOTE: Regulations.>> 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.
            ``(3) Exception for certain pre-1985 instruments.--
                    ``(A) In general .--For purposes of paragraph (1), 
                the requirements described in this paragraph are met 
                with respect to any calendar year if--
                          ``(i) a qualified pre-1985 instrument between 
                      the parents applicable to the taxable year 
                      beginning in such calendar year provides that the 
                      noncustodial parent shall be entitled to any 
                      deduction allowable under section 151 for such 
                      child, and
                          ``(ii) the noncustodial parent provides at 
                      least $600 for the support of such child during 
                      such calendar year.
                For purposes of this subparagraph, amounts expended for 
                the support of a child or children shall be treated as 
                received from the noncustodial parent to the extent that 
                such parent provided amounts for such support.
                    ``(B) Qualified pre-1985 instrument.--For purposes 
                of this paragraph, the term `qualified pre-1985 
                instrument' means any decree of divorce or separate 
                maintenance or written agreement--
                          ``(i) which is executed before January 1, 
                      1985,
                          ``(ii) which on such date contains the 
                      provision described in subparagraph (A)(i), and
                          ``(iii) which is not modified on or after such 
                      date in a modification which expressly provides 
                      that this paragraph shall not apply to such decree 
                      or agreement.
            ``(4) Custodial parent and noncustodial parent.--For 
        purposes of this subsection--
                    ``(A) Custodial parent.--The term `custodial parent' 
                means the parent having custody for the greater portion 
                of the calendar year.
                    ``(B) Noncustodial parent.--The term `noncustodial 
                parent' means the parent who is not the custodial 
                parent.
            ``(5) Exception for multiple-support agreement.--This 
        subsection shall not apply in any case where over one-half of 
        the support of the child is treated as having been received from 
        a taxpayer under the provision of subsection (d)(3).
            ``(6) Special rule for support received from new spouse of 
        parent.--For purposes of this subsection, in the case of the 
        remarriage of a parent, support of a child received from the 
        parent's spouse shall be treated as received from the parent.''.

      2004 - Pub. L. 108-311 Sec.201, amended by
      striking the entire Section 152 and inserting this new
      Section 152.

      1986 - Subsec. (a)(9). Pub. L. 99-514, Sec. 1301(j)(8),
    substituted ''section 7703'' for ''section 143''.
      Subsec. (d)(2). Pub. L. 99-514, Sec. 104(b)(3), substituted
    ''section 151(c)(4)'' for ''section 151(e)(4)''.
      Subsec. (e)(1)(A). Pub. L. 99-514, Sec. 104(b)(1)(B), substituted
    ''section 151(c)(3)'' for ''section 151(e)(3)''.
      1984 - Subsec. (e). Pub. L. 98-369, Sec. 423(a), amended subsec.
    (e) generally, and in substantially revising support test
    provisions, enacted par. (1) custodial parent exemption, former
    par. (1) declaring the general rule that where a child received
    over one-half of his calendar year support from parents who were
    divorced or legally separated under a decree of divorce or separate
    maintenance, or were separated under a written separation agreement
    and the child was in the custody of one or both parents for more
    than one-half of the calendar year, the child would be treated as
    receiving over half of his support from the parent having custody
    for a greater portion of the calendar year unless treated under
    special rule provision as having received over half of his support
    from the parent not having custody; enacted par. (2) release of
    custodial parent exemption for the year, former par. (2) declaring
    the special rule that parent without custody would be deemed as
    furnishing over half of the support where the decree of divorce or
    separate maintenance, or written agreement, covering the taxable
    year, provided that parent without custody should be entitled to
    the section 151 deduction for the child and such parent provided at
    least $600 calendar year support, or alternatively, such parent
    without custody provided $1,200 or more calendar year support and
    the parent with custody did not establish more support of the child
    than the parent without custody; redesignated as par. (3) former
    par. (4) provision respecting exception for multiple-support
    agreement, deleting former par. (3) respecting requirement of an
    itemized statement of expenditures to resolve more support claims;
    added par. (4) respecting exception for certain pre-1985
    instruments; added par. (5) enunciating special rule for support
    received from new spouse of parent, deleting former par. (5)
    regulations prescription provision; and added par. (6) cross
    reference provision.
      Subsec. (e)(6). Pub. L. 98-369, Sec. 482(b)(2), substituted
    ''section 213(d)(5)'' for ''section 213(d)(4)''.
      1976 - Subsec. (a)(9). Pub. L. 94-455, Sec. 1901(b)(7)(B),
    substituted ''section 143'' for ''section 153''.
      Subsec. (a)(10). Pub. L. 94-455, Sec. 1901(a)(24)(A), struck out
    par. (10) relating to descendents of a taxpayer, who were members
    of taxpayer's household, before receiving institutional care.
      Subsec. (b)(3). Pub. L. 94-455, Sec. 1901(a)(24)(B), among other
    changes struck out ''of the Canal Zone, or of the Republic of
    Panama'' after ''country contiguous to the United States,'' and
    provisions relating to children born or adopted in Philippines.
      Subsec. (c)(4). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out
    ''or his delegate'' after ''Secretary''.
      Subsec. (d). Pub. L. 94-455, Sec. 1901(b)(8)(A), substituted
    ''organization described in section 170(b)(1)(A)(ii)'' for
    ''institution (as defined in section 151(e)(4))''.
      Subsec. (e)(2)(B)(i). Pub. L. 94-455, Sec. 2139(a), substituted
    ''each'' for ''all''.
      Subsec. (e)(3), (5). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck
    out ''or his delegate'' after ''Secretary''.
      1972 - Subsec. (b)(3). Pub. L. 92-580 substituted ''citizen or
    national of the United States'' for ''citizen of the United
    States'' in two places.
      1969 - Subsec. (b)(2). Pub. L. 91-172 inserted reference to
    foster children who satisfy requirements of subsec. (a)(9) of this
    section.
      1967 - Subsec. (a). Pub. L. 90-78, Sec. 1(b), inserted ''or (e)''
    after ''subsection (c)''.
      Subsec. (e). Pub. L. 90-78, Sec. 1(a), added subsec. (e).
      1959 - Subsec. (b)(2). Pub. L. 86-376 provided that a child who
    is a member of an individual's household if placed with such
    individual by an authorized placement agency for legal adoption by
    such individual shall be treated as a child by blood.
      1958 - Subsec. (a)(9). Pub. L. 85-866, Sec. 4(a), inserted
    ''(other than an individual who at any time during the taxable year
    was the spouse, determined without regard to section 153, of the
    taxpayer)''.
      Subsec. (b)(3). Pub. L. 85-866, Sec. 4(b), among other changes,
    struck out provision that ''dependent'' does not include any
    individual who is not a United States citizen unless such
    individual is a resident of United States or of a contiguous
    country, or of Canal Zone or Panama, and inserted provision barring
    exclusion from definition of ''dependent'' any child of taxpayer,
    legally adopted by him, if, for taxable year of taxpayer, child's
    principal place of abode is taxpayer's home and child is member of
    taxpayer's household, if taxpayer is United States citizen.
      Subsec. (b)(5). Pub. L. 85-866, Sec. 4(c), added par. (5).
      1955 - Subsec. (b)(3). Act Aug. 9, 1955, substituted ''January 1,
    1956'' for ''July 5, 1946''.
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by section 104(b)(1)(B), (3) of Pub. L. 99-514
    applicable to taxable years beginning after Dec. 31, 1986, see
    section 151(a) of Pub. L. 99-514, set out as a note under section 1
    of this title.
      Amendment by section 1301(j)(8) of Pub. L. 99-514 applicable to
    bonds issued after Aug. 15, 1986, except as otherwise provided, see
    sections 1311 to 1318 of Pub. L. 99-514, set out as an Effective
    Date; Transitional Rules note under section 141 of this title.
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by section 423(a) of Pub. L. 98-369 applicable to
    taxable years beginning after Dec. 31, 1984, see section 423(d) of
    Pub. L. 98-369, set out as a note under section 2 of this title.
      Amendment by section 482(b)(2) of Pub. L. 98-369 applicable to
    taxable years beginning after Dec. 31, 1983, see section 482(c) of
    Pub. L. 98-369, set out as a note under section 213 of this title.
                      EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment by section 1901(a)(24), (b)(7)(B), (8)(A) of Pub. L.
    94-455 applicable with respect to taxable years beginning after
    Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a
    note under section 2 of this title.
      Section 2139(b) of Pub. L. 94-455 provided that: ''The amendment
    made by this section (amending this section) shall apply to taxable
    years beginning after the date of the enactment of this Act (Oct.
    4, 1976).''
                      EFFECTIVE DATE OF 1972 AMENDMENT
      Section 1(c) of Pub. L. 92-580 provided that: ''The amendments
    made by subsections (a) (amending this section) and (b) (amending
    section 873 of this title) shall apply to taxable years beginning
    after December 31, 1971.''
                      EFFECTIVE DATE OF 1969 AMENDMENT
      Section 912(b) of Pub. L. 91-172 provided that: ''The amendment
    made by subsection (a) of this section (amending this section)
    shall apply to taxable years beginning after December 31, 1969.''
                      EFFECTIVE DATE OF 1967 AMENDMENT
      Section 2 of Pub. L. 90-78 provided that: ''The amendments made
    by the first section of this Act (amending this section) shall
    apply with respect to taxable years beginning after December 31,
    1966.''
                      EFFECTIVE DATE OF 1959 AMENDMENT
      Section 1(b) of Pub. L. 86-376 provided that: ''The amendment
    made by subsection (a) (amending this section) shall apply to
    taxable years beginning after December 31, 1958.''
                      EFFECTIVE DATE OF 1958 AMENDMENT
      Amendment by section 4(a), (c) of Pub. L. 85-866 applicable to
    taxable years beginning after Dec. 31, 1953, and ending after Aug.
    16, 1954, see section 1(c)(1) of Pub. L. 85-866, set out as a note
    under section 165 of this title.
      Section 4(d) of Pub. L. 85-866 provided that: ''The amendment
    made by subsection (b) (amending this section) shall apply with
    respect to taxable years beginning after December 31, 1957.''
                      EFFECTIVE DATE OF 1955 AMENDMENT
      Section 3(b) of act Aug. 9, 1955, provided that: ''The amendment
    made by section 2 of this Act (amending this section) shall apply
    with respect to taxable years beginning after December 31, 1953,
    and ending after August 16, 1954.''
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 1, 2, 21, 24, 32, 42, 51,
    72, 105, 120, 125, 132, 151, 153, 170, 213, 220, 221, 529, 2057,
    7701, 7702B, 7703 of this title; title 5 section 7342; title 20
    section 1232g; title 30 section 28f; title 33 section 909; title 43
    section 390bb.