- 8 - items such as clothing, education, and medical treatment. Sec. 1.2-2(d), Income Tax. Regs. We found petitioner and Mr. Stephan to be credible and forthright witnesses. Based on all the evidence, we conclude that petitioner paid more than one-half of the expenses for her household. Accordingly, petitioner qualifies for the head-of- household filing status for 1997 and 1998. The next issue for decision is whether petitioner is entitled to child care credits for 1997 and 1998. Under section 21(a)(1), a taxpayer who maintains a household may receive as a credit a certain percentage of employment-related expenses for a qualifying individual. A qualifying individual includes a child under the age of 13 who is a dependent of the taxpayer under section 152 for the purpose of the section 151(c) dependency exemption deduction. Sec. 21(b)(1)(A). Employment-related expenses are those incurred to care for a qualifying individual, but only if they are incurred to enable the taxpayer to be gainfully employed. Sec. 21(b)(2)(A)(ii). These expenses include child care services, such as nursery school. Sec. 1.44A-1(c)(3)(i), Income Tax Regs.2 As previously indicated, petitioner provided more than one- half of the cost of maintaining the household. Petitioner’s 2 Sec. 44A was redesignated as sec. 21 for tax years beginning after Dec. 31, 1983, pursuant to sec. 471(c)(1) of the Deficit Reduction Act of 1984, Pub. L. 98-369, 98 Stat. 826.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011