James E. Briggsdaniels - Page 7




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          sustained.                                                                  
          Earned Income Credit                                                        
               Petitioner claimed the earned income credit for 1995 and               
          1996 for two “qualifying” children, Jeremy Briggs and Jamar                 
          Briggs.  Respondent determined that petitioner is not entitled to           
          the earned income credit for either year.                                   
               Section 32(a)(1) allows an eligible individual an earned               
          income credit against the individual’s income tax liability.                
          Section 32(a)(2) limits the credit allowed, and section 32(b)               
          prescribes different percentages and amounts used to calculate              
          the credit based on whether the eligible individual has no                  
          qualifying children, one qualifying child, or two or more                   
          qualifying children.                                                        
               To be eligible to claim an earned income credit with respect           
          to a qualifying child, a taxpayer must establish, inter alia,               
          that the child bears the relationship to the taxpayer prescribed            
          by section 32(c)(3)(B), the child meets the age requirements of             
          section 32(c)(3)(C), and 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).                      
               James, Jeremy, and Jamar Daniels satisfy the relationship              
          and age tests, but petitioner has offered no evidence to                    
          establish that any of his three sons shared his residence for               
          more than one-half of either year at issue.                                 






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