Rafael Barajas - Page 3




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               Respondent determined a deficiency of $4,526 in petitioner’s           
          1999 Federal income tax.  After concessions by respondent,1 the             
          sole issue for decision is whether petitioner is entitled to an             
          earned income credit claimed on his tax return.                             
               Some of the facts have been stipulated and are so found.  At           
          the time the petition was filed, petitioner resided in San Jose,            
          California.                                                                 
                                     Background                                       
               Throughout 1999, petitioner lived in an apartment with his             
          mother and his three younger siblings.  His father and his older            
          siblings did not live with them.  Petitioner was employed as a              
          machinist, and he was the financial provider for the family.  He            
          paid the apartment rent and the household bills.  Petitioner’s              
          mother suffered from cancer.  She relied on crutches for walking            
          and on petitioner for transportation outside of the apartment.              
          Petitioner frequently drove her to clinics for cancer treatment,            
          to the grocery store, and to the homes of relatives.                        
              Petitioner’s younger siblings attended school full time.                
         Because their mother does not speak English, they relied on                  


               1Respondent concedes that petitioner is entitled to a                  
          dependency exemption deduction under sec. 151(c) for each of his            
          three younger siblings as claimed on his 1999 Federal income tax            
          return.  Respondent also concedes that petitioner is entitled to            
          head of household filing status and a standard deduction in the             
          amount appropriate to that filing status.                                   







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