Rhonda Hope Hamilton - Page 5

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          child" for the taxable year.  Sec. 32(c)(1)(A)(i).4  Sec.                   
          32(c)(3)(A)(ii) provides that a “qualifying child” must have “the           
          same principal place of abode as the taxpayer for more than one-            
          half” of the taxable year.  Respondent concedes that if Rebecca             
          had the same principal place of abode as Ms. Hamilton for more              
          than one-half of 1999 then Ms. Hamilton qualifies for the EIC               
          with respect to Rebecca.  While the evidence is perhaps less than           
          clear as to where Rebecca’s abode was at any given time, we                 
          believe that her principal place of abode was with Ms. Hamilton             
          for more than one-half of 1999.5                                            
          Head of Household Filing Status                                             
               As relevant herein, Ms. Hamilton qualifies for head of                 
          household filing status if she (1) was not married at the close             
          of the taxable year, and (2) maintained as her home “a household            
          which constitutes for more than one-half of such taxable year the           
          principal place of abode” of a daughter.  Sec. 2(b)(1)(A).  As              
          discussed above, we find that Rebecca’s principal place of abode            
          was with Ms. Hamilton, and Ms. Hamilton qualifies as head of a              
          household for 1999.                                                         




          4    An eligible individual also includes an individual without a           
          qualifying child who meets certain criteria.  See sec.                      
          32(c)(1)(A)(ii).  Respondent concedes that Ms. Hamilton is                  
          entitled to an EIC as an individual without a qualifying child.             
          5    Sec. 7491(a), concerning burden of proof, has no bearing on            
          the underlying substantive issue.                                           




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