Gary Lyle Gibson and Mirian Julia Alves - Page 9

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         by which the taxpayer’s earned income exceeds $10,500.  Sec.                 
         24(d)(1)(A) and (B), (3); Rev. Proc. 2002-70, sec. 3.04, 2002-2              
         C.B. 845, 847.  The refundable and nonrefundable portions of the             
         child tax credit cannot exceed the total allowable amount of the             
         credit.                                                                      
              Since petitioners are not allowed dependency exemption                  
         deductions with respect to the children from Mr. Gibson’s former             
         marriage, they are not qualifying children.  Therefore,                      
         petitioners are not entitled to claim child tax credits with                 
         respect to those children.  Moreover, petitioners are not                    
         entitled to claim additional child tax credits because they did              
         not qualify for child tax credits.                                           
              To reflect the foregoing,                                               


                                                 Decision will be entered             
                                            for respondent.                           



















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