- 8 - 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 incomePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011