Jose Corona - Page 7




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          children in that year while Cathy and Jose resided with Ms.                 
          Corona.  Sec. 32(c)(3)(A).                                                  
               Respondent disallowed the earned income credit in 1997                 
          solely because petitioner’s dependency exemption deductions had             
          been disallowed.  Qualification for a dependency exemption                  
          deduction is not a prerequisite to being a qualifying child.                
          Sec. 32(c)(3).  Ms. Corona’s testimony established that                     
          petitioner’s children Cathy and Jose lived with petitioner prior            
          to September 1997, which means they lived with petitioner more              
          than half of that year, and both Cathy and Jose were under the              
          age of 19 at the end of 1997.  We therefore hold that petitioner            
          is entitled to the earned income credit in 1997.                            
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        under Rule 155.                               


















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