Pedro Pelayo-Zabalza - Page 4




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          employed in 2000 and received wages in the amount of $2,576.                
               Petitioner timely filed a Form 1040A, U.S. Individual Income           
          Tax Return, for the taxable year 2000.  On his return, petitioner           
          designated his filing status as head of household and claimed the           
          standard deduction in the amount corresponding to that filing               
          status.  Petitioner also claimed:  (1) Deductions for dependency            
          exemptions for his two minor daughters, Alejandra Anae and                  
          Araceli, and (2) the maximum earned income credit.  Petitioner              
          did not claim a child tax credit.3                                          
               Petitioner reported on his income tax return for 2000 the              
          wages that he received, and he attached to his return a Form W-2,           
          Wage and Tax Statement, from each of his two employers.                     
          Petitioner did not report on his return the wages that his spouse           
          received, nor did he attach to his return the Form W-2 from her             
          employer.                                                                   
               Petitioner’s income tax return for 2000 was prepared by Juan           
          E. Hernandez of Zeta Enterprise in Sacramento, California.                  
          Petitioner sought the assistance of a return preparer because he            
          was unable to prepare a return himself.  Petitioner is a native             
          speaker of Spanish, and his ability to speak and understand                 
          English is extremely limited.                                               



               3  Petitioner reported zero tax on line 26 of his Form 1040A           
          and was therefore ineligible for a child tax credit.  See sec.              
          24.                                                                         





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