Humberto M. Betancourt - Page 8

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          4.  Earned Income Credit                                                    
               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 any                     
          individual who has a qualifying child for the taxable year.2  A             
          qualifying child is one who satisfies a relationship test, a                
          residency test, and an age test.  Sec. 32(c)(3).  Erica and Ivan            
          satisfy all three tests, and they are qualifying children with              
          respect to petitioner.                                                      
               However, they are also qualifying children with respect to             
          Ms. Rodriguez.  Under such circumstances, for taxable years                 
          beginning on or before December 31, 2001, section 32(c)(1)(C)               
          provides:                                                                   
               (C) 2 or more eligible individuals.–-If 2 or more                      
               individuals would * * * be treated as eligible                         
               individuals with respect to the same qualifying child                  
               for taxable years beginning the same calendar year,                    
               only the individual with the highest modified adjusted                 
               gross income for such taxable years shall be treated as                
               an eligible individual with respect to such qualifying                 
               child.                                                                 
          Section 32(c)(5) defines the term “modified adjusted gross                  



               2  Petitioner could also be an eligible individual, even if            
          we were to find that he did not have any qualifying children.               
          See sec. 32(c)(1)(A)(ii).  In such a situation, however,                    
          petitioner would still not be entitled to the earned income                 
          credit for 2001 because his total income of $11,000 exceeded the            
          “completed phaseout amount” of $10,710.  See Rev. Proc. 2001-13,            
          sec. 3.03(1), 2001-1 C.B. 337, 339.                                         





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