- 3 - petitioner for assistance with their homework when needed. Petitioner and his mother shared responsibility in the discipline of his younger siblings. His mother established the rules in the household, such as setting curfews, and relied on petitioner to enforce the rules. Petitioner reported income of $14,101 on his 1999 Federal income tax return. His income consisted entirely of wages. Petitioner claimed an earned income credit computed by treating two of his siblings as qualifying children. In the notice of deficiency, respondent disallowed the earned income credit. Discussion Section 32(a)(1) allows an eligible individual an earned income credit against the individual’s income tax liability. An eligible individual is any individual who either: (1) Has a qualifying child as defined by section 32(c)(3), or (2) has no qualifying child and meets the requirements of section 32(c)(1)(A)(ii). Sec. 32(c)(1)(A). For a taxpayer to be entitled to an earned income credit for a qualifying child, the qualifying child must satisfy a residency test, an age test, and a relationship test. Sec. 32(c)(3)(A). There is no dispute here that petitioner’s siblings were minors and students living in the same residence with him and that the residency and age tests are satisfied. The relationship test can be satisfied if the individual is an “eligible foster child” ofPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011