- 10 - one-half of 1997 or 1998. Accordingly, petitioner is not entitled to the head of household filing status claimed for 1997 and 1998. Respondent is sustained on this issue. Earned Income Credit The relevant parts of section 32 provide that an individual is eligible for the earned income credit if the individual has a qualifying child. A “qualifying child” is one who satisfies a relationship test, a residency test, and an age test. See sec. 32(c)(3). Pursuant to section 32(c)(3)(A)(ii), the qualifying child must have the same principal place of abode as the taxpayer for more than one-half of the taxable year. Petitioner must show that Adam and Jordan lived at petitioner’s residence for more than 6 months in each year at issue. As found above, petitioner has failed to establish that Adam and Jordan had the same principal place of abode as the petitioner for more than one-half of each taxable year at issue. Therefore, petitioner does not have a qualifying child for purposes of the earned income credit for either of the years at issue. Accordingly, petitioner is not entitled to the earned income credits claimed for 1997 and 1998. Respondent is sustained on this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011