Helen Hubbard - Page 8




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          to qualify her for head of household filing status.  See sec.               
          2(b)(1)(A)(ii); sec. 1.2-2(b)(3)(ii), Income Tax Regs.                      
               In addition, we find that petitioner did not provide over              
          half the cost of maintaining a principal place of abode for more            
          than one-half of 1999 for her daughter or grandchildren.  See               
          sec. 2(b)(1)(A)(i); sec. 1.2-2(b), (c), and (d), Income Tax Regs.           
          The Court thus holds that petitioner is not entitled to head of             
          household filing status.                                                    
               Section 32(a)(1) allows an eligible individual an earned               
          income credit against the individual’s income tax liability.                
          Section 32(a)(2) and (b) limits the credit allowed based on                 
          whether the eligible individual has no qualifying children, one             
          qualifying child, or two or more qualifying children.  To be                
          eligible to claim an earned income credit with respect to a                 
          qualifying child, a taxpayer must establish:  (1) The child bears           
          the relationship to the taxpayer prescribed by section                      
          32(c)(3)(B); (2) the child meets the age requirements of section            
          32(c)(3)(C); and (3) the child shares the same principal place of           
          abode as the taxpayer for more than one-half of the taxable year            
          as prescribed by section 32(c)(3)(A)(ii).  Because petitioner has           
          not established that any of her grandchildren shared her                    
          principal place of abode for more than one-half of the year at              
          issue, she has no qualifying children for purposes of the earned            
          income credit.                                                              






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