- 10 - liability. An eligible individual is defined in section 32(c)(1)(A) as either (1) an individual who has a qualifying child for the taxable year, or (2) an individual who does not have a qualifying child for the taxable year, if the individual’s principal place of abode is the United States for more than one- half of the taxable year, the individual is at least 25 years of age but has not reached the age of 65 years before the close of the taxable year, and the individual is not a dependent for whom a deduction is allowable under section 151 to another taxpayer. A married individual will not be entitled to the earned income credit unless he or she files a joint return. See sec. 32(d); Madrigal v. Commissioner, T.C. Memo. 1998-345; sec. 1.32-2(b)(2), Income Tax Regs. Petitioners were married at the end of 1994 and 1996. Since Mrs. Cotton did not file joint returns for 1994 and 1996, she is not entitled to the earned income credit for either of these tax years. 3. Mrs. Cotton’s Standard Deduction Generally, a taxpayer can elect to itemize deductions or claim the standard deduction. See sec. 63(b), (c)(1). If married individuals file separately and one spouse itemizes deductions, then the other spouse is not entitled to the standard deduction. See sec. 63(c)(6)(A). Petitioners were married during 1996 and filed separately. Since Mr. Cotton itemized hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011