Lakim Love Allah - Page 7

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          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.                                                                   








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