Jennifer A. Lestrange - Page 6

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          beyond the plain language of the statute.  Absent absurd,                   
          unreasonable, or futile results, there is "no more persuasive               
          evidence of the purpose of a statute than the words by which the            
          legislature undertook to give expression to its wishes."  United            
          States v. American Trucking Associations, 310 U.S. 534, 543                 
          (1940).                                                                     
               Section 32(c)(1)(A) defines an eligible individual as an               
          individual who has a qualifying child for the taxable year.  A              
          qualifying child is an individual who satisfies a relationship              
          test, an abode test, an age test, and for whom the taxpayer                 
          satisfies an identification requirement.  Sec. 32(c)(3)(A)(i)-              
          (iv).  These requirements are conjunctive.                                  
               For the year in issue, Treymaine met the requirements of               
          section 32(c)(3)(A)(i), (ii), (iii), and (iv) with respect to               
          petitioner.  With respect to his grandmother, Treymaine only met            
          the requirements of section 32(c)(3)(A)(i), (ii), and (iii).                
          What is significant here is that the grandmother did not identify           
          Treymaine as her qualifying child on her 1994 Federal income tax            
          return and thus failed to satisfy the requirement of section                
          32(c)(3)(A)(iv).  Accordingly, Treymaine is not a qualifying                
          child with respect to his grandmother.                                      
               Because petitioner and the grandmother are not eligible                
          individuals with respect to the same qualifying child, section              
          32(c)(1)(C) does not preclude petitioner from entitlement to an             
          earned income credit for 1994.  We cannot say that this                     




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