- 8 - of 13 and for whom the taxpayer may claim an exemption under section 151 (c) , or a dependent or spouse of the taxpayer who is mentally or physically incapable of caring for himself or herself. Sec. 21 (b) (1) (A) and (B). Section 21 (e) (9) provides that a child care credit is not allowed for an amount paid to any person unless the name, address, and taxpayer identification number of such person is included on the return claiming the credit or the taxpayer has exercised due diligence in attempting to provide the information. On both their 1990 and 1991 tax returns, petitioners claimed (for each year) a child care credit of $960 . The returns indicate that for 1990 the care provider was "Day Care Center" and for 1991 "Full Gospel Church". Mrs. Walker testified that while she was at work: (1) Petitioners paid Myrtle Brill, a neighbor of her stepdaughter, approximately $50 every 2 weeks to watch the children; (2) the method of payment to the neighbor was cash; and (3) Myrtle Brill died prior to the date of, trial. Petitioners did not present receipts for the cash payments. Petitioners failed to substantiate the alleged child care payments. They offered no explanation of the discrepancy between the identity of the care provider as reported on the tax returns and that to which Mrs. Walker testified. Petitioners would not be entitled to the claimed child care credits in any event because the children to whom the care was allegedly provided were not dependents of petitioners. Accordingly, respondent's determination with respect to this issue is sustained.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011