John Joseph Stensgaard - Page 9




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         Section 32(a)(2) limits the credit allowed.  Section 32(b)                   
         prescribes different credit and “phaseout” percentages used to               
         calculate the credit based on whether the eligible individual has            
         no qualifying children, one qualifying child, or two or more                 
         qualifying children.                                                         
              To be eligible to claim an earned income credit with respect            
         to a qualifying child, a taxpayer must establish, inter alia,                
         that the child bears a relationship to the taxpayer prescribed by            
         section 32(c)(3)(B), that the child meets the age requirements of            
         section 32(c)(3)(C), and that the child shares the same principal            
         place of abode as the taxpayer for more than one-half of the                 
         taxable year as prescribed by section 32(c)(3)(A)(ii).                       
              Petitioner may be an “eligible individual” able to claim an             
         earned income credit under section 32(c)(1)(A).  The phaseout                
         percentages, however, must first be considered.  The “completed              
         phaseout amount” is the amount of adjusted gross income (or if               
         greater, earned income) at or above which no credit is allowed.              
         See Rev. Proc. 2002-70, sec. 3.06, 2002-2 C.B. 845, 847.  For                
         2003, a taxpayer may claim the earned income credit for two                  
         qualifying children only if his adjusted gross income was less               
         than $33,692.  Id.  The phaseout amount is lower for a taxpayer              
         with one qualifying child or with no qualifying children.  Id.               
         Petitioner’s adjusted gross income, taking into consideration the            








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