Samuel K. Rasco - Page 7




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               Section 32(a) generally provides for an earned income credit           
          in the case of an "eligible individual".  In pertinent part,                
          section 32(c)(1)(A)(i) defines an "eligible individual" as an               
          individual who has a "qualifying child" for the taxable year.               
               Based on the record, we find that Joshua and Amber each                
          satisfy the requirements for a qualifying child with respect to             
          petitioner for 1995.  See sec. 32(c)(3)(A)(i) through (iii).                
          Based on his income and the earned income credit tables                     
          prescribed pursuant to section 32(f), we hold that petitioner is            
          entitled to an earned income credit for 1995 in the amount of               
          $2,426.                                                                     
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for petitioner.                          











          3(...continued)                                                             
          Budget Reconciliation Act of 1990, Pub. L. 101-508, sec. 11111,             
          104 Stat. 1388, 1388-408, effective for taxable years beginning             
          after December 31, 1990.  Moreover, our holdings with respect to            
          the first two issues in this case have no bearing on petitioner's           
          adjusted gross income or earned income, which are used to compute           
          the amount of petitioner's sec. 32 earned income credit.                    




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