Jonathan W. Bodiford - Page 12

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          Cir. 2001).  An individual who does not have a qualifying child             
          is eligible for an earned income credit if:  (1) The individual’s           
          principal place of abode is in the United States; (2) the                   
          individual, or his or her spouse, has attained the age of 25 but            
          not the age of 65 at the close of the taxable year; and (3) the             
          individual is not a dependent for whom a deduction is allowed               
          under section 151.  Sec. 32(c)(1)(A)(ii).  Further, for the year            
          in issue, individuals who do not have any qualifying children and           
          whose earned income is $11,060 or greater are not entitled to an            
          earned income credit for that year.  See Rev. Proc. 2001-13, sec.           
          3.03(1), 2001-1 C.B. 337, 339.                                              
               On this record, the Court is unable to determine whether               
          petitioner is eligible for an earned income credit under section            
          32(c)(1)(A)(ii).                                                            
                                     Conclusion                                       
               We hold that petitioner is not entitled to claim a                     
          dependency exemption deduction for JTMZ for taxable year 2002.              
          Petitioner also is not entitled to head-of-household filing                 
          status for taxable year 2002, or an earned income credit under              
          section 32(c)(1)(A)(i) for taxable year 2002.  Petitioner may               
          qualify for an earned income credit under section                           
          32(c)(1)(A)(ii).                                                            









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