- 6 - the school records and his testimony regarding where Laura Coats lived during 1998. Under these circumstances, we afford more weight to his testimony than to the school records. Consequently, we find that Laura Coats had the same place of abode as petitioner for at least 9 months during 1998. As a result of this finding, we conclude that Laura Coats satisfied the residency requirement. Since respondent conceded that Laura Coats also satisfied the age requirement and the relationship test, Laura Coats was a qualifying child of petitioner for purposes of an earned income credit for 1998. Respondent argues that Shawona Higgins did not satisfy the residency requirement or the relationship test. Regarding the relationship test, petitioner admits that Shawona Higgins is not his biological or adopted child. Therefore, in order for Shawona Higgins to be a qualifying child, she must satisfy the test for an eligible foster child. Petitioner admits that Shawona Higgins did not live with him for the entire taxable year. Consequently, Shawona Higgins was not an eligible foster child of petitioner. Since Shawona Higgins did not satisfy the relationship test, she was not a qualifying child for purposes of an earned income credit for 1998. To reflect the foregoing and respondent’s concessions, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011