Rhonda Hope Hamilton - Page 4

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          Newberry, State of South Carolina, entered an order awarding Ms.            
          Hamilton custody of Rebecca.  While Ms. Hamilton had legal                  
          custody during 1999, there are ambiguities with respect to where            
          Rebecca resided and the duration of Rebecca’s residence.  She               
          spent time with both parents, and both parents contributed to her           
          support.                                                                    
               On their separate 1999 Federal income tax returns, both                
          petitioners claimed head of household filing status and a                   
          dependency exemption deduction and an EIC with Rebecca as a                 
          qualifying child.  Additionally, Mr. Hamilton claimed a child tax           
          credit with respect to Rebecca.                                             
               In the notice of deficiency issued to Ms. Hamilton,                    
          respondent determined that she was the custodial parent of                  
          Rebecca and allowed her the dependency exemption deduction.                 
          Respondent, however, disallowed Ms. Hamilton’s claimed head of              
          household filing status and the EIC with respect to Rebecca.  As            
          to Mr. Hamilton, respondent disallowed the claimed dependency               
          exemption deduction and the child tax credit with respect to                
          Rebecca.                                                                    
                                     Discussion                                       
          Earned Income Credit                                                        
               Section 32(a) generally provides eligible individuals with             
          an EIC against their income tax liability.  An "eligible                    
          individual" is defined as an individual who has a "qualifying               






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