- 6 - issue, he is entitled to an earned income credit only if he had qualifying children during that year. Id. Under section 32, qualifying children of a taxpayer include only (1) children of the taxpayer, or descendants of such children; (2) stepchildren of the taxpayer; and (3) eligible foster children of the taxpayer. Sec. 32(c)(3)(A), (B). Eligible foster children include only certain individuals who have the same principal place of abode as the taxpayer for the entire taxable year. Sec. 32(c)(3)(B)(iii)(II). Brianna and Cody were neither children nor stepchildren of petitioner, and they resided with petitioner for less than the entire taxable year 1998. Consequently, petitioner is not entitled to an earned income credit for 1998. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011