Norma A. Ramirez-Ota - Page 8




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                    Cable                    48                                       
                    Phone                  50                                         
                    Total               $1,063                                        
          Petitioner contributed approximately $110 to $120 per month in              
          rent and a portion of the utilities.3  Petitioner also                      
          contributed to the household by paying the cable bill for 7                 
          months in 1998.  However, based upon the total expenses for the             
          household in 1997 and 1998, it is clear that petitioner did not             
          provide more than half of the cost of maintaining the household.4           
               Therefore, on the basis of the record, we hold that                    
          petitioner is not entitled to file her 1997 and 1998 Federal                
          income tax returns as head of household.                                    
          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 a son or daughter of             
          the taxpayer who has not attained the age of 19 at the end of the           
          taxable year and shares the same principal place of abode in the            
          United States with the taxpayer for more than one-half of the               

               3    The record is unclear how this amount was calculated              
          for rent or utilities.                                                      
               4    We also note that the list of household expenses is not           
          complete.  The list does not include expenses for gas and other             
          utility charges, property taxes, upkeep and repairs, property               
          insurance, and food consumed on the premises.  Sec. 1.2-2(d),               
          Income Tax Regs.  The record is absent any evidence to support a            
          finding that petitioner contributed any amount of the listed                
          household expenses.                                                         





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