Joseph Allen Gingrich - Page 9




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          maintaining a household include rent, utility charges, upkeep and           
          repairs, and food consumed on the premises.  Sec. 1.2-2(d),                 
          Income Tax Regs.                                                            
               As we concluded above, Joshua and Joseph had as their                  
          principal place of abode petitioner’s home in 2000, and                     
          petitioner provided over half of the support for maintaining the            
          home; that is, he paid the rent for the house in which they lived           
          and other household expenses.  We conclude that petitioner is               
          entitled to head-of-household filing status for 2000.                       
               3.  Earned Income Credit                                               
               Under section 32(a), a taxpayer may be allowed an earned               
          income credit if he is an eligible individual.  An “eligible                
          individual” includes one who has a qualifying child for the                 
          taxable year.  Sec. 32(c)(1)(A)(i).  A “qualifying child”                   
          includes a child of the taxpayer who has the same principal place           
          of abode as the taxpayer for more than one-half of the tax year             
          and has not attained the age of 19 as of the close of the taxable           
          year.  Sec. 32(c)(3).                                                       
               In order to receive the earned income credit, the taxpayer             
          must have identified the qualifying child on his return under the           
          identification rule of section 32(c)(3)(D).                                 
               The earned income credit to which an eligible individual may           
          be entitled is an amount equal to the credit percentage of so               
          much of the taxpayer’s earned income for the taxable year as does           






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