Rigoberto Campos Hernandez - Page 6

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               Petitioner claimed an earned income credit of $2,219 for               
          2000, which respondent disallowed.  Section 32(a) provides for an           
          earned income credit in the case of an eligible individual.                 
          Section 32(c)(1)(A)(i), in pertinent part, defines an “eligible             
          individual” as an individual who has a qualifying child for the             
          taxable year.  A qualifying child is one who satisfies a                    
          relationship test, a residency test, and an age test.  Sec.                 
          32(c)(3).  To satisfy the residency test in this case, the son              
          must have the same principal place of abode as petitioner for               
          more than one-half of the year.  Sec. 32(c)(3)(A).  Because we              
          found that Luis did not have the same principal place of abode as           
          petitioner for more than one-half of 2000, we sustain                       
          respondent’s determination as to the earned income credit.                  
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             for respondent.                          

















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