Guadalupe Mares - Page 5




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          mother, she does not qualify as a head of household.  Sec.                  
          2(b)(1)(A)(ii).  Respondent’s determination changing her filing             
          status from head of household to single is sustained.                       
          3. Earned Income Credit                                                     
               Subject to various conditions and limitations, an eligible             
          individual is entitled to an earned income credit.  Sec. 32(a).             
          Petitioner was an eligible individual within the meaning of the             
          applicable statute.  Sec. 32(c)(1)(A)(i) and (ii).  Nevertheless,           
          because of the amount of her income, she is not entitled to an              
          earned income credit for 1996 unless at least one of her siblings           
          was a qualifying child with respect to her for that year.  Sec.             
          32(b).                                                                      
               On her 1996 return, petitioner claimed an earned income                
          credit computed by treating two of her siblings as qualifying               
          children.  Among other requirements, to be treated as a                     
          qualifying child of a taxpayer, the child must be:  (1) A son or            
          daughter of the taxpayer; (2) a descendant of a son or daughter             
          of the taxpayer; (3) a stepson or stepdaughter of the taxpayer;             
          or (4) an eligible foster child of the taxpayer.  Sec.                      
          32(c)(3)(B)(i).  Petitioner’s siblings obviously are not her                
          children, descendants of her children, or her stepchildren.                 
          Furthermore, they are not her eligible foster children.  Although           
          she generously contributed towards their support, she does not              








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