Austin Eugene Chandler, Jr. - Page 3




                                        - 2 -                                         
          references are to the Tax Court Rules of Practice and Procedure.            
               Respondent determined a deficiency of $2,543 in petitioner’s           
          Federal income tax for the taxable year 1999.1  After concessions           
          by respondent,2 the issue for decision is whether petitioner is             
          entitled to an earned income credit (EIC).                                  
               Petitioner resided in Alexandria, Virginia, at the time he             
          filed his petition.                                                         
          Background                                                                  
               During 1999, the tax year at issue, petitioner lived and               
          worked in New Jersey.  Petitioner’s 9-year-old daughter, Kenesha            
          Dudley (Kenesha), lived with her mother, Yonetta Dudley (Ms.                
          Dudley), in Washington, D.C., until May 1999.  In May 1999,                 
          Kenesha moved to Alexandria, Virginia, to live with her                     
          grandmother, Clarice Chandler (Mrs. Chandler).  On weekends                 
          petitioner would travel from New Jersey to Virginia to visit                
          Kenesha.  Petitioner paid Mrs. Chandler $200 per week for room              
          and board for Kenesha and for himself.  Kenesha lived with                  
          petitioner in New Jersey when she was on vacation from school.              



               1  Petitioner was entitled to a refund of $2,621 in 1999;              
          however, the deficiency resulting from respondent’s denial of the           
          claimed EIC reduced the refund to $309.                                     
               2  Respondent conceded that:  Petitioner is entitled to the            
          claimed dependency exemption deduction; the resolution of                   
          petitioner’s proper filing status has no income tax consequences            
          and, therefore, is moot; and petitioner may be entitled to an EIC           
          based upon a modified adjusted gross income of $8,589 as an                 
          individual with no qualifying children.                                     





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