- 8 - Mr. Wooten was awarded custody of the two children in 1993. William and Kenya lived with Mr. Wooten, and he provided their support during the years at issue. Petitioner did not provide any evidence that Kenya or William resided in her home for more than 6 months during 1995, 1996, or 1997. Since the two children did not have their principal place of abode with petitioner for more than 6 months during 1995, 1996, or 1997, petitioner is not entitled to head-of household filing status for those years or the earned income credit for 1995 and 1996, nor is she entitled to the earned income credit as an eligible person with two qualifying children. Respondent, therefore, is sustained in the disallowance of petitioner’s claimed head-of-household filing status for 1995, 1996, and 1997 and the earned income credit for 1995 and 1996 as well as in the adjustment of petitioner's 1997 earned income credit. In addition, petitioner presented no evidence to establish the amount of support she provided during the years in question and no evidence to establish that such amounts constituted more than one-half of the total support provided to her children. The record contains copies of several State court orders that decreed petitioner in arrears in her child support obligations and ordered withholdings from her earnings to be paid to the Department of Human Services, State of Mississippi. In addition, for 1 or more of the years at issue, it appears that thePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011