- 8 - and, therefore, was not a qualifying child for purposes of the earned income credit. However, section 32(c)(1)(A)(ii) allows an earned income credit to an "eligible individual" if such individual does not have a qualifying child but satisfies the following conditions: (1) Such individual's principal place of abode was in the United States for more than one-half of the taxable year; (2) the individual had attained age 25 and not attained age 65 on or before the close of the taxable year; and (3) such individual was not a dependent for whom a deduction is allowable under section 151 to another taxpayer for the taxable year at issue. Sec. 32(c)(1)(A)(ii)(I), (II), and (III). On this record, the Court is satisfied that petitioner was at least 25 years of age and had not attained age 65 prior to 2000. Accordingly, the Court holds that petitioner is entitled to the earned income credit under section 32 as an eligible individual with no qualifying children. Sec. 32(b)(1)(A). Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011