John J. DeWald - Page 7




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          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.                               

















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