- 7 - individual Federal income tax returns; (2) both petitioner and Mr. Sherbo claimed earned income credit with respect to Sean on their 1996 individual Federal income tax returns; (3) petitioner and Mr. Sherbo are the biological parents of Liane and Sean; (4) petitioner, Mr. Sherbo, Liane, and Sean appeared to share the same household for the 1995 and 1996 tax years; and (5) Mr. Sherbo's modified adjusted gross income was higher than petitioner's modified adjusted gross income in tax years 1995 and 1996. We now assess whether respondent reasonably relied on these facts in forming and maintaining his litigation position. To be eligible to claim earned income credit with respect to a qualifying child, a taxpayer must establish that the child bears the relationship to the taxpayer prescribed by section 32(c)(3)(B) and that the child shares the same principal place of abode as the taxpayer for more than one-half of the taxable year as prescribed by section 32(c)(3)(A)(ii). Section 32(c)(1)(C) provides further that if two or more individuals would otherwise be eligible for earned income credit with respect to the same qualifying child for the same taxable year, only the individual with the highest adjusted gross income for the taxable year will be eligible to claim the qualifying child. As biological parents of Liane and Sean, both petitioner and Mr. Sherbo meet the relationship test of section 32(c)(3)(B). Petitioner and Mr. Sherbo's individual Federal income tax returnsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011