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Petitioner also is not eligible for the earned income credit
as an individual with no qualifying children under section
32(c)(1)(A)(ii) because his adjusted gross income in 1997 was in
excess of the complete phaseout amount prescribed by section
32(a)(2). The earned income credit is completely phased out for
individuals with no qualifying children and adjusted gross income
in excess of $9,769 for 1997. See sec. 32(a) and (b); see also
Rev. Proc. 96-59, 1996-2 C.B. 392, 394-395. Petitioner had
adjusted gross income of $17,635 in 1997. The Court holds,
therefore, that petitioner is not entitled to an earned income
credit.
Reviewed and adopted as the report of the Small Tax Case
Division.
To reflect the foregoing,
Decision will be
entered for respondent.
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