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correspondence”. Petitioner’s contention is belied, however, by:
(1) The insertion of the word “NONE” on line 12 (Business income
or (loss)) of Form 1040; (2) the parties’ stipulation that
petitioner received no “income” in 1996 other than AFDC and SSI
payments, Social Security disability benefits, and gifts; and (3)
the absence of any documentary or third party testimony. See
Niedringhaus v. Commissioner, 99 T.C. 202, 212 (1992); Wichita
Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946),
affd. 162 F.2d 513 (10th Cir. 1947). Regardless, the record does
not reveal whether the “under $400" amount represents gross
receipts or, as is required for purposes of the earned income
credit, net earnings.
Conclusion
In view of the foregoing, we hold that petitioner did not
have any earned income in 1996 and is therefore not entitled to
an earned income credit for that year.
To reflect our disposition of the disputed issue,
Decision will be entered
for respondent.
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