Lyndell Scott Hegwood - Page 9




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          definition, (2) to increase taxpayer compliance by reducing                 
          intentionally improper foster child claims, and (3) to provide              
          the Internal Revenue Service with a clear subset of claimed                 
          foster children who fit within the definition of “eligible foster           
          child”.                                                                     
               Applying these considerations to the facts of the case at              
          hand, there appears to be no likelihood of unintentional or                 
          intentional error in petitioner’s claim, in the sense that there            
          is no reasonable possibility that anyone else is claiming the               
          children as dependents; in fact, they are petitioner’s                      
          dependents, as respondent concedes.  Furthermore, both                      
          preexisting requirements for qualification as a foster child--              
          care for the children as one’s own child and the sharing of the             
          principal place of abode for the entire year--continued to be               
          satisfied during the taxable year in issue.                                 
               Notwithstanding these considerations, the new provision of             
          the 1999 Act is clear on its face and leaves no room for                    
          interpretation in its application to the case at hand.  The                 
          children have not been placed with petitioner by an agency of the           
          State of Mississippi or one of its political subdivisions or by a           
          tax-exempt child placement agency licensed by the State of                  
          Mississippi, nor by a Mississippi Chancery Court.  See LW v.                
          C.W.B., 762 So. 2d 323 (Miss. 2000).  Nothing in the Joint                  
          Committee Print or the 1999 Act as written suggests the new rule            






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