- 7 - in 1998. We sustain respondent's determination as to this issue. Petitioner claimed an earned income credit of $1,857 for 1998, which respondent disallowed. Section 32(a) provides for an earned income credit in the case of an eligible individual. Section 32(c)(1)(A)(i), in pertinent part, defines an "eligible individual" as an individual who has a qualifying child for the taxable year. A qualifying child is one who satisfies a relationship test, a residency test, and an age test. Sec. 32(c)(3). To satisfy the relationship test in this case, the qualifying child must be an eligible foster child of petitioner. Sec. 32(c)(3)(B)(i)(III). An eligible foster child is an individual for whom the taxpayer cares for as the taxpayer's own child and who has the same principal place of abode as the taxpayer for the taxpayer's entire taxable year. Sec. 32(c)(3)(B)(iii). The children resided with petitioner only until October 30, 1998. They did not reside with him for the entire taxable year. Moreover, no evidence was presented that petitioner cared for his niece and nephew as his own children. We find that the niece andPage: Previous 1 2 3 4 5 6 7 8 9 Next
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