Rafael Barajas - Page 4




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         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” of              






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