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