- 8 - taxable year. Sec. 32 (c)(3). Petitioner’s children are qualifying children under the requirements of section 32(c)(3). However, even if a taxpayer meets all of the requirements under section 32, she may not be eligible to claim the earned income credit if there are two or more persons who are eligible for the earned income credit with respect to the same qualifying child. In that situation, only the individual with the highest modified adjusted gross income shall be treated as an eligible individual with respect to the qualifying child. Sec. 32(c)(1)(C). In the instant case, the children are also qualifying children of petitioner’s parents. On the other hand, for 1997 if petitioner and her children lived with her former in-laws for most of the year, petitioner failed to show that her adjusted gross income exceeded that of her former in-laws. Therefore, petitioner has not met her burden in this scenario. In 1997 and 1998, petitioner’s parents had adjusted gross income of $21,116 and $32,810, respectively. Petitioner’s adjusted gross income for the years in issue was $14,622 and $14,852, respectively. There is no dispute that petitioner’s parents had the greater adjusted gross income during the years in issue. Because petitioner has failed to show that she is entitled to the earned income credits for the years in issue, respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011