- 5 - Court of California in County of Santa Clara v. Daniels, supra, that petitioner failed to pay child support for his three sons from 1993 through 1999, and that the County provided support payments to the children’s caretakers. The payments by the County do not constitute support by petitioner. Lutter v. Commissioner, 61 T.C. 685 (1974), affd. 514 F.2d 1095 (7th Cir. 1975). Accordingly, respondent’s determination that none of petitioner’s three sons is his dependent for section 151 purposes for the taxable years is sustained. Issue 3. Earned Income Credit Petitioner claimed the earned income credit for 1997 and 1998. Section 32(a)(1) allows an eligible individual an earned income credit against the individual’s income tax liability. An eligible individual is any individual who either: (1) Has a qualifying child as defined by section 32(c)(3)(A), or (2) has no qualifying child and meets the requirements of section 32(c)(1)(A)(ii). A taxpayer must satisfy the requirements of section 32(c)(3) in order to be entitled to the earned income credit for a qualifying child. Section 32(c)(3)(A)(i) requires that the individual bear the relationship to petitioner prescribed by section 32(c)(3)(B). Section 32(c)(3)(B)(i)(I) provides that an individual bears the required relationship to the taxpayer if he or she is, among other things, a son or daughter of the taxpayer.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011