David E. Jackson - Page 8

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            for such taxable year shall be treated as an "eligible                                        
            individual" for purposes of the earned income credit.  Sec.                                   
            32(c)(1)(C).                                                                                  
                  The record reflects that Ms. Cleckley, Fatimah's mother,                                
            also constitutes an "eligible individual" for purposes of the                                 
            earned income credit.  Furthermore, Ms. Cleckley's adjusted gross                             
            income for the taxable year in issue is $16,205 and higher than                               
            petitioner's adjusted gross income.3  Accordingly, petitioner is                              
            not entitled to the earned income credit, and respondent is                                   
            sustained on this issues.                                                                     
                  Finally, we must consider whether petitioner is liable for                              
            the section 6662(a) accuracy-related penalty in the amount of                                 
            $448.  Section 6662(a) imposes a 20-percent penalty on the                                    
            portion of the underpayment attributable to negligence.                                       
            Respondent determined that petitioner is liable for the accuracy-                             
            related penalty imposed by section 6662(a), and that the entire                               
            underpayment of tax was due to negligence.  "Negligence" includes                             
            a failure to make a reasonable attempt to comply with the                                     
            provisions of the Internal Revenue laws or to exercise ordinary                               
            and reasonable care in the preparation of a tax return.  Sec.                                 
            6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.  "Disregard"                                   
            includes any careless, reckless, or intentional disregard of                                  



            3           Petitioner's 1992 adjusted gross income is $12,474.                               




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