- 5 - Sec. 32(c)(3)(B)(i). An eligible foster child1 is defined as an individual who the taxpayer cares for as his or her own child and who has the same principal place of abode as the taxpayer for the entire taxable year in issue. See sec. 32(c)(3)(B)(iii). An individual satisfies the age test if he or she is under age 19 at the end of the taxable year, is a full-time student under age 24 at the end of the taxable year, or is permanently and totally disabled during the taxable year. See sec. 32(c)(3)(C). On the basis of the stipulated record, we conclude that for 1997 Christina and Mitchell were both petitioner’s and Mr. Pancake’s qualifying children for purposes of the earned income credit. Thus, both petitioner and Mr. Pancake are eligible individuals (under section 32(a)(1)) for purposes of claiming the earned income credit. Section 32(c)(1)(C) provides a tie-breaker rule where there are two or more eligible individuals with respect to the same qualifying child for the same taxable year (as is the case here): If 2 or more individuals would (but for this subparagraph and after application of subparagraph (B)) be treated as eligible individuals with respect to the same qualifying child for taxable years beginning in the same calendar year, only the individual with the highest modified adjusted gross income for such taxable years shall be treated as an eligible individual with respect to such qualifying child. [Emphasis added.] 1 Although Congress recently amended the definition of an eligible foster child, see Ticket to Work and Work Incentives Improvement Act of 1999, Pub. L. 106-170, sec. 412, 113 Stat. 1860, 1917, the amended definition does not apply herein because it is effective only for tax years beginning after Dec. 31, 1999.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