- 7 - abode, as a member of such household, of an unmarried son or daughter of the taxpayer. See sec. 2(b)(1)(A)(i). The evidence fails to establish that petitioner maintained as his home "a household" that constituted the principal place of abode for La Toya Johnson. Petitioner did not own the home where he resided (for only half the year), and his claim to paying the costs for utilities and food for maintenance of the household does not satisfy the Court that petitioner "maintained" a household during the year at issue. Respondent, therefore, is sustained in the disallowance of petitioner's claimed head-of- household filing status. The final issue is petitioner's claim to the earned income credit. Section 32(a) provides for an earned income credit in the case of an eligible individual. Section 32(c)(1)(A), in pertinent part, defines an "eligible individual" as an individual who has a qualifying child for the taxable year. Sec. 32(c)(1)(A)(i). A qualifying child is one who satisfies a relationship test, a residency test, an age test, and an identification requirement. See sec. 32(c)(3). To satisfy the age test, the qualifying child must not have attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins. Sec. 32(c)(3)(C)(i). Petitioner's daughter, La Toya Johnson, attained age 20 on October 4, 2000. Therefore, petitioner's daughter does not satisfy the age testPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011