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and (3) whether petitioner is entitled to an earned income
credit. We hold for respondent on all issues.
Background
Some of the facts have been stipulated and are so found.
The stipulation of facts and the attached exhibits are
incorporated herein by this reference.
Petitioner resided in San Jose, California, at the time the
petition was filed.
Petitioner has three sons: James, Jr., born May 17, 1979;
Jamar, born December 30, 1980; and Jeremy, born May 15, 1982.
On July 16, 1996, a complaint against petitioner was filed
in the Superior Court of California in the case of County of
Santa Clara v. Daniels, No. DAO51877. The suit was instituted by
Santa Clara County to establish that petitioner is the father of
James, Jr., Jamar, and Jeremy, and to collect reimbursement of
child support payments by the County to the children’s
caretakers. On May 18, 1999, judgment was entered in favor of
the County, to the effect that petitioner’s fatherhood was
established, and that he was liable for child support of $25,847
for the period July 1993 through March 1999.
Jeremy was under a court ordered out-of-home placement for
the following periods: August 29, 1996 to August 4, 1997, and
February 3, 1998 to August 25, 1998. During portions of 1997 and
1998, Jeremy was in the custody of the Santa Clara County
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