Ann Powers, F/K/A Melanie Ann Studinger - Page 4




                                        - 4 -                                         

         withholding or estimated tax payments, but she did claim an                  
         earned income credit in the amount of $3,556 and requested that              
         such amount be refunded to her as an overpayment of tax.                     
              For 1996, the maximum allowable amount of the earned income             
         credit was $3,556.  See sec. 32(a)(1) and (b).3                              
                                       OPINION                                        
              Petitioner bears the burden of proof in this case.  See Rule            
         142(a); INDOPCO Inc. v. Commissioner, 503 U.S. 79, 84 (1992);                
         Welch v. Helvering, 290 U.S. 111, 115 (1933); cf. sec. 7491 as               
         effective for court proceedings arising in connection with                   
         examinations commencing after July 22, 1998.4  In order to be                
         entitled to an earned income credit, petitioner is therefore                 
         obliged to prove that she had earned income in 1996.                         
              Section 32 provides for an earned income credit.  In order              
         to be entitled to an earned income credit, the taxpayer must                 
         satisfy a number of requirements.  One of the requirements is                
         that the taxpayer have earned income.  See sec. 32(a)(1).                    
         Without earned income, there is no earned income credit.5                    

          3  All section references are to the Internal Revenue Code                  
          in effect for the taxable year in issue, and all Rule references            
          are to the Tax Court Rules of Practice and Procedure.                       
          4  The notice of deficiency in this case was issued on Jan.                 
          22, 1998.  Accordingly, sec. 7491 has no application to this                
          case.                                                                       
          5  Sec. 32(a)(1) provides in relevant part that “there shall                
          be allowed as a credit against the tax imposed by this subtitle             
          for the taxable year an amount equal to the credit percentage of            
                                                             (continued...)           




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011