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Although petitioner is not eligible to claim an earned
income credit under section 32(c)(1)(A)(i) for a qualifying
child, he may be an “eligible individual” under section
32(c)(1)(A)(ii).
An individual without a qualifying child is eligible for an
earned income credit subject to the phaseout limitations of
section 32(a)(2) if his principal place of abode is in the United
States for more than one-half the taxable year, he has attained
the age of 25 but not the age of 65, and he is not the dependent
of another for whom a deduction is allowable under section 151.
See sec. 32(c)(1)(A)(ii).
The phaseout limitations are determined by the greater of
the taxpayer’s earned income or his “modified adjusted gross
income”. See secs. 32(a)(1), (c)(2), (c)(5). Petitioner’s
earned income and modified adjusted gross income was $21,085 for
1995 and $18,136 for 1996. For tax year 1995, the earned income
credit is completely phased out under section 32(a)(2) for an
individual with no qualifying children if the individual’s earned
or modified adjusted gross income is equal to or in excess of
$9,230. See Rev. Proc. 94-72, 1994-2 C.B. 811, 813. For the
year 1996, the phaseout amount is $9,500. See Rev. Proc. 95-53,
1995-2 C.B. 445, 446-447.
Because petitioner did not have a qualifying child for 1995
or 1996 and had earned income and modified adjusted gross income
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