- 3 - During the year in issue, petitioner was employed by Wesley Health Care Center, Inc., in Saratoga Springs, New York. She electronically filed her 1997 Federal income tax return on April 15, 1998, reporting wage income of $11,375. She reported her filing status as single and claimed dependency exemptions for Christina and Mitchell, identifying them as “qualifying children” for purposes of claiming a $3,656 earned income credit. (For purposes of claiming this credit, petitioner’s modified adjusted gross income for 1997 was $11,375.) On his 1997 Federal income tax return, Mr. Pancake claimed an earned income credit for Alyssa. For purposes of claiming this credit, Mr. Pancake’s 1997 modified adjusted gross income was higher than petitioner’s. (Mr. Pancake identified neither Christina nor Mitchell as his qualifying children for purposes of claiming this credit on his return.) Respondent disallowed the earned income credit petitioner claimed on her 1997 return, explaining in the notice of deficiency: All the children qualify both Penny and John for the earned income credit. Mitchell and Christina qualify as foster children for John. They do not have to be related to him to be qualifying children. They lived as a family in the same home the entire year and therefore are his qualifying children for the earned income credit. Because Penny’s income is not the highest, we have not allowed her earned income credit. John may amend his return to list two qualifying children for the earned income credit is [sic] he wishes.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011