Anthony L. Poole - Page 11




                                       - 10 -                                         
          Proc. 97-57, 1997-2 C.B. 584.  Petitioner’s adjusted gross income           
          for both 1997 and 1998 exceeds the applicable threshold                     
          limitations.  Therefore, petitioner is not eligible for the                 
          earned income credits under section 32(a)(2) for 1997 and 1998.             
               For all the reasons stated, we sustain respondent’s                    
          determination and hold that petitioner is not eligible for the              
          earned income credit for either of the years 1997 and 1998.                 
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for respondent.                          



























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