- 8 - head of household filing status. Petitioner might have corroborated his testimony, but he failed to do so. The evidence supplied by petitioner fails to establish that he provided the principal place of abode for Amanda for more than one-half of the year in issue. Moreover, petitioner offered no evidence to show that he paid more than one-half the cost of maintaining a household. See sec. 2(b)(1). We thus hold that petitioner is not entitled to head of household filing status. 3. Child Tax Credit Respondent determined that petitioner was unable to claim the child tax credit on his 1998 return because he was unable to substantiate that Amanda was a “qualifying child” as defined in section 151. In the taxable year 1998, for the first time, taxpayers with one or more qualifying children were able to claim a tax credit of $400 for each qualifying child. Sec. 24(a). Section 24(c)(1) defines a “qualifying child” as any individual if: (A) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, (B) such individual has not attained the age of 17 as of the close of the calendar year in which the taxable year of the taxpayer begins, and (C) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). [Emphasis added.] The plain language of section 24 establishes a three-pronged test to determine whether a taxpayer has a qualifying child. In effect, if one of the qualifications is not met, the claimedPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011