Jose Corona - Page 6




                                        - 5 -                                         
          dependency exemption deductions, he also is not entitled to head            
          of household filing status, sec. 2(b)(1), for 1998, or to a child           
          tax credit, sec. 24(c)(1), for either 1997 or 1998.  However,               
          because petitioner furnished over half the cost of maintaining              
          his home, we find that he is entitled to head of household status           
          for 1997, because Jose and Cathy lived with him for more than one           
          half of that year.                                                          
               Under section 32, an eligible individual is allowed a credit           
          which is calculated as a percentage of the individual’s earned              
          income, subject to certain limitations.  Sec. 32(a)(1).  Any                
          individual with a qualifying child is an eligible individual.               
          Sec. 32(c)(1).  An individual with qualifying children is                   
          entitled to a larger credit than is an individual without                   
          qualifying children.  Sec. 32(a) and (b).  As is relevant here,             
          the definition of a qualifying child for purposes of section 32             
          includes a child of a taxpayer who has the same principal place             
          of abode as the taxpayer for more than half of the taxable year.            
          Sec. 32(c)(3)(A).  A qualifying child either must be under the              
          age of 19 (or a student under the age of 24) at the close of the            
          taxable year, or be permanently and totally disabled at any time            
          during the year.  Sec. 32(c)(3)(C).                                         
               Petitioner is not entitled to an earned income credit in               
          1998 because his income was too great and he had no qualifying              








Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011