- 6 - Section 32(c)(3)(A)(ii) requires that the child share the same principal place of abode as the taxpayer for more than one-half the taxable year. Section 32(c)(3)(A)(iii) requires that the child meet the age requirements of subparagraph (C). Section 32(c)(3)(C) provides that a child meets the age requirement if he or she has not attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins. Jeremy and Jamar satisfy the age and relationship tests of section 32(c)(3).3 However, petitioner has offered no evidence to establish that either Jeremy or Jamar shared petitioner’s residence for more than one-half of 1997 or 1998. Petitioner has not established that he is entitled to the earned income credit for 1997 or 1998 on the ground of having any qualifying children under section 32(c)(3). An individual with no qualifying children is eligible for the earned income credit, subject to the phaseout limitations of section 32(a)(2), if the individual’s principal place of abode is in the United States for more than one-half of the taxable year, the individual has attained the age of 25 but not the age of 65, and is not a dependent for whom a deduction is allowable under section 151. Sec. 32(c)(1)(A). Petitioner meets the residency 3Only two qualifying children need be shown on the taxpayer’s return in order for the taxpayer to be entitled to the maximum credit. Sec. 32(b). Petitioner showed the names of Jeremy and Jamar on his returns for this purpose.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011