- 6 - requirements, the definition of a qualifying child for purposes of section 32 includes a child of a taxpayer who has the same principal place of abode as the taxpayer for more than half of the taxable year. Sec. 32(c)(3)(A)(ii). Petitioner has failed to show that either of his children had the same principal place of abode as petitioner for more than half of 2000. Petitioner therefore is not entitled to an earned income credit in 2000 based on Lamani and LaKim as qualifying children. Id. Petitioner, however, is nevertheless entitled to a smaller earned income credit than that claimed. Petitioner is an eligible individual, and he earned $8,701 during the year in issue. Respondent argues in his trial memorandum that taxpayers without qualifying children who earn in excess of $5,280 are not entitled to an earned income credit. This is incorrect. According to the tables prescribed by the Secretary pursuant to section 32(f), the lowest income amount at which the earned income credit is no longer available in this situation is $10,380 for taxable year 2000. See also sec. 32(a), (b), (j). The amount of the deficiency resulting from the correct amount of the earned income credit will be calculated pursuant to a Rule 155 computation. Reviewed and adopted as the report of the Small Tax Case Division.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011