Norma A. Ramirez-Ota - Page 9




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          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, respondent             





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