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not exceed the earned income amount. Sec. 32(a)(1). The amount
of the credit shall not exceed the excess, if any, of the credit
percentage of the earned income amount over the phaseout
percentage of so much of the modified adjusted gross income (or,
if greater, the earned income) of the taxpayer for the taxable
year as exceeds the phaseout amount. Sec. 32(a)(2).
During 2000, Joshua and Joseph both had the same principal
place of abode as petitioner and were under the age of 19.
Petitioner identified Joshua and Joseph on his return for 2000.
We conclude that petitioner had two qualifying children in 2000,
is an eligible individual under section 32(c)(1)(A)(i), and is
entitled to claim an earned income credit to the extent allowable
under section 32(b).
Reviewed and adopted as the report of the Small Tax Case
Division.
To reflect the foregoing,
Decision will be entered
for petitioner.
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Last modified: May 25, 2011