Linda Marie Sherbo - Page 7




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          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 returns           





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