- 6 - 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 thisPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011