- 11 - individual” means any individual who has a qualifying child for the taxable year. Sec. 32(c)(1)(A)(i). Also as relevant herein, the term “qualifying child” means a son or daughter of the taxpayer who has the same principal place of abode as the taxpayer for more than one-half of the taxable year and who either has not attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins or is a student who has not attained the age of 24 as of the close of such taxable year. See sec. 32(c)(3)(A). In the present cases, Ceola, petitioner’s daughter, had the same principal place of abode as petitioner for more than one- half of each of the years in issue; moreover, she had not attained the age of 19 as of the close of 1998, the last of the years in issue. Henry, petitioner’s son, had the same principal place of abode as petitioner for more than one-half of 1995, 1996, and 1997; moreover, as of the close of 1997, Henry, who had then attained the age of 19, qualified as a student for that year, having graduated from high school earlier in the year. See sec. 151(c)(4). In view of the foregoing, petitioner is entitled to earned income credits as claimed by her on her tax returns for the years in issue. Respondent’s determination to the contrary is therefore not sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011