Karl V. Meier - Page 7




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          petitioner is entitled to head of household filing status for the           
          taxable year in issue.                                                      
               Finally, we must consider whether petitioner may claim an              
          earned income credit under section 32(a)(1) in the amount of                
          $3,250 for 1999.  Respondent disallowed the earned income credit            
          on the basis that the two children did not reside with petitioner           
          for more than one-half of 1999.  As we have found above, the                
          children resided with petitioner for more than one-half of 1999.            
          Accordingly, we hold that petitioner is entitled to the claimed             
          earned income credit under section 32(a).                                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for petitioner.                          






















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