Rafael Barajas - Page 6




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         his mother nor an older sister could bring herself to do this                
         task.  His mother was unable to guide the younger children in the            
         society in which they grew up, since she was disabled, spoke no              
         English, and knew only traditional Mexican society.  Although he             
         was available only to a limited extent because of the demands of             
         his work, petitioner filled the void for his siblings.  We                   
         conclude that under difficult circumstances, petitioner satisfied            
         the requirements of sec. 32(c)(3)(B)(iii).                                   
              Accordingly, we hold that petitioner is entitled to an                  
         earned income credit in the amount claimed on his 1999 Federal               
         income tax return.                                                           
              Reviewed and adopted as the report of the Small Tax Case                
         Division.                                                                    
                                                 Decision will be entered             
                                            for petitioner.                           






















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