Rutha M. Corley - Page 12




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          individual” means any individual who has a qualifying child for             
          the taxable year.  Sec. 32(c)(1)(A)(i).  Also as relevant herein,           
          the term “qualifying child” means a son or daughter of the                  
          taxpayer who has the same principal place of abode as the                   
          taxpayer for more than one-half of the taxable year and who                 
          either 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           
          is a student who has not attained the age of 24 as of the close             
          of such taxable year.  See sec. 32(c)(3)(A).                                
               In the present cases, Ceola, petitioner’s daughter, had the            
          same principal place of abode as petitioner for more than one-              
          half of each of the years in issue; moreover, she had not                   
          attained the age of 19 as of the close of 1998, the last of the             
          years in issue.  Henry, petitioner’s son, had the same principal            
          place of abode as petitioner for more than one-half of 1995,                
          1996, and 1997; moreover, as of the close of 1997, Henry, who had           
          then attained the age of 19, qualified as a student for that                
          year, having graduated from high school earlier in the year.  See           
          sec. 151(c)(4).                                                             
               In view of the foregoing, petitioner is entitled to earned             
          income credits as claimed by her on her tax returns for the years           
          in issue.  Respondent’s determination to the contrary is                    
          therefore not sustained.                                                    








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