Helen Hubbard - Page 9




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               Petitioner also is not eligible for the earned income credit           
          as an individual with no qualifying children under section                  
          32(c)(1)(A)(ii) because her adjusted gross income in 1999 was in            
          excess of the complete phaseout amount prescribed by section                
          32(a)(2).  The earned income credit is completely phased out for            
          individuals with no qualifying children and adjusted gross income           
          in excess of $10,199 for 1999.  See sec. 32(a) and (b); see also            
          Rev. Proc. 98-61, 1998-2 C.B. 814.  Petitioner had adjusted gross           
          income of $22,448.70 in 1999.  The Court holds, therefore, that             
          petitioner is not entitled to an earned income credit.                      
               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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