- 6 -
established in section 32(c)(3)(B), he has no qualifying children
for purposes of the earned income credit.
If petitioner had established that he is married, common law
or otherwise, he then would be precluded from claiming the earned
income credit because married persons must file a joint return if
they wish to claim an earned income credit. Sec. 32(d).
Petitioner is, however, eligible for an earned income credit
as an individual with no qualifying children under section
32(c)(1)(A)(ii) because his adjusted gross income in 2000 was in
excess of the threshold phaseout amount but below the complete
phaseout amount prescribed by section 32(a)(2). The earned
income credit begins to phaseout for individuals with no
qualifying children and adjusted gross income in excess of $5,770
for 2000. See sec. 32(a) and (b); see also Rev. Proc. 99-42,
1999-2 C.B. 568. The earned income credit is completely phased
out for individuals with no qualifying children and adjusted
gross income in excess of $10,380 for 2000. See sec. 32(a) and
(b); see also Rev. Proc. 99-42, 1999-2 C.B. 568. Petitioner had
adjusted gross income of $6,347 in 2000. The Court holds,
therefore, that petitioner is entitled to an earned income credit
as an individual with no qualifying children.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011