Ella Louise Wooten - Page 8




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               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 the                    





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