Tam N. Huynh - Page 16




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          under section 151 to another taxpayer in the same year.3  A                 
          qualifying child must have the same principal place of abode as             
          the taxpayer for more than one-half of the taxable year.  Sec.              
          32(c)(3)(A).                                                                
               As set forth in the notice of deficiency, a portion of                 
          petitioner’s claimed earned income credit was denied because                
          respondent determined that petitioner failed to establish that              
          any of his children had the same principal place of abode as                
          petitioner for more than one-half of 1998.                                  
               In support of petitioner’s claim that his children lived               
          with him for more than one-half of 1998, petitioner sent to                 
          respondent the following documents:  (1) A handwritten letter               
          from an administrative assistant of petitioner’s apartment                  
          building dated June 29, 1999, addressed to whom it may concern:             
          “Mr. Huyn [sic] rent for the year of 1998. was 236.00.  His                 
          family member is Viet Huyhn [sic], Thuy Huynh and Van Huynh”; (2)           
          three certifications of enrollment, each dated May 20, 1999,                
          issued by schools in Virginia for the 1998-99 school year listing           
          petitioner’s address as the current address of his children; (3)            
          report cards for each of his children for the period of September           
          8, 1998, to November 11, 1998; (4) letters dated May 20, 1999,              
          from Dr. Duc M. Ngo, a physician who practiced in Fairfax,                  

               3  An eligible individual with a qualifying child is                   
          entitled to a larger credit than is an eligible individual                  
          without a qualifying child.  See sec. 32(a) and (b).                        





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