Domingo Perez - Page 7

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          upon section 32(c)(1)(A)(ii).  Although petitioner satisfies the            
          conditions of section 32(c)(1)(A)(ii), section 32(a) provides for           
          a phaseout of the earned income credit under a formula set out in           
          the statute.2  Petitioner's adjusted gross income for 1996                  
          ($10,311) exceeded the maximum amount under which he would have             
          been eligible to claim the earned income credit without a                   
          qualifying child.  Respondent is, therefore, sustained on this              
          issue.                                                                      
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               




               2                                                                      
                    With regard to the phaseout of the earned income                  
          credit, sec. 32(a)(2) provides:                                             
                    (2)  Limitation.--The amount of the credit                        
               allowable to a taxpayer under paragraph (1) for any                    
               taxable year shall not exceed the excess (if any) of--                 
                         (A)  the credit percentage of the earned                     
                    income amount, over                                               
                         (B)  the phaseout percentage of so much                      
                    of the adjusted gross income (or, if greater,                     
                    the earned income) of the taxpayer for the                        
                    taxable year as exceeds the phaseout amount.                      
          In the case of an eligible individual with no qualifying child,             
          the applicable credit percentage and the phaseout percentage are            
          7.65, the earned income amount is $4,220, and the phaseout amount           
          is $5,280.  Sec. 32(b).  Therefore, the credit is not available             
          for taxpayers with no qualifying child and an adjusted gross                
          income in excess of $9,500.                                                 




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