Leroy Walker, Jr. and Carolyn L. Walker - Page 8

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          of 13 and for whom the taxpayer may claim an exemption under section        
          151 (c) , or a dependent or spouse of the taxpayer who is mentally          
          or physically incapable of caring for himself or herself. Sec. 21           
          (b) (1) (A) and (B). Section 21 (e) (9) provides that a child care          
          credit is not allowed for an amount paid to any person unless the           
          name, address, and taxpayer identification number of such person is         
          included on the return claiming the credit or the taxpayer has              
          exercised due diligence in attempting to provide the information.           
               On both their 1990 and 1991 tax returns, petitioners claimed           
          (for each year) a child care credit of $960 .  The returns indicate         
          that for 1990 the care provider was "Day Care Center" and for 1991          
          "Full Gospel Church".                                                       
               Mrs. Walker testified that while she was at work: (1)                  
          Petitioners paid Myrtle Brill, a neighbor of her stepdaughter,              
          approximately $50 every 2 weeks to watch the children; (2) the              
          method of payment to the neighbor was cash; and (3) Myrtle Brill            
          died prior to the date of, trial. Petitioners did not present               
          receipts for the cash payments. Petitioners failed to substantiate          
          the alleged child care payments. They offered no explanation of the         
          discrepancy between the identity of the care provider as reported on        
          the tax returns and that to which Mrs. Walker testified. Petitioners        
          would not be entitled to the claimed child care credits in any event        
          because the children to whom the care was allegedly provided were           
          not dependents of petitioners. Accordingly, respondent's                    
          determination with respect to this issue is sustained.                      




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