Marc Eric Vidmar - Page 5




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               Finally, we turn to the earned income credit issue.                    
          6    In the case of an eligible individual, section 32(a) allows            
          an earned income credit against the individual's income tax                 
          liability.  As relevant herein, an "eligible individual" is                 
          defined as an individual who has a "qualifying child" for the               
          taxable year.  Sec. 32(c)(1)(A).  Respondent claims that during             
          the years in issue Apollonia was not a qualifying child.  We                
          disagree.                                                                   
               Apollonia qualifies as a "qualifying child" pursuant to the            
          requirements set forth in section 32(c)(3)(A)(i through iii).  In           
          this regard, Apollonia is petitioner's daughter and satisfies the           
          relationship test.  See sec. 32(c)(3)(A)(i), (B)(i)(I).  Further,           
          Apollonia resided with petitioner throughout the years in issue             
          and satisfies the residency test.  See sec. 32(c)(3)(A)(ii).                
          Finally, Apollonia was under 19 years of age during both years in           
          issue and satisfies the age test.  See sec. 32(c)(3)(A)(iii),               
          (C)(i).  In view of the foregoing, petitioner is entitled to the            
          earned income credit based on one qualifying child as claimed on            
          his returns for the years in issue.                                         
               To reflect our disposition of the disputed issues,                     


                                                  Decision will be entered            
                                             for petitioner.                          







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