James E. Briggsdaniels - Page 8




                                        - 8 -                                         
               Although petitioner is not eligible to claim an earned                 
          income credit under section 32(c)(1)(A)(i) for a qualifying                 
          child, he may be an “eligible individual” under section                     
          32(c)(1)(A)(ii).                                                            
               An individual without a qualifying child is eligible for an            
          earned income credit subject to the phaseout limitations of                 
          section 32(a)(2) if his principal place of abode is in the United           
          States for more than one-half the taxable year, he has attained             
          the age of 25 but not the age of 65, and he is not the dependent            
          of another for whom a deduction is allowable under section 151.             
          See sec. 32(c)(1)(A)(ii).                                                   
               The phaseout limitations are determined by the greater of              
          the taxpayer’s earned income or his “modified adjusted gross                
          income”.  See secs. 32(a)(1), (c)(2), (c)(5).  Petitioner’s                 
          earned income and modified adjusted gross income was $21,085 for            
          1995 and $18,136 for 1996.  For tax year 1995, the earned income            
          credit is completely phased out under section 32(a)(2) for an               
          individual with no qualifying children if the individual’s earned           
          or modified adjusted gross income is equal to or in excess of               
          $9,230.  See Rev. Proc. 94-72, 1994-2 C.B. 811, 813.  For the               
          year 1996, the phaseout amount is $9,500.  See Rev. Proc. 95-53,            
          1995-2 C.B. 445, 446-447.                                                   
               Because petitioner did not have a qualifying child for 1995            
          or 1996 and had earned income and modified adjusted gross income            






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011