Frederick Leroy McGee, Jr. - Page 11




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          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.                                                    









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