- 3 - 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 "qualifyingPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011