- 5 - 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 child” for the taxable year. Sec. 32(c)(1)(A)(i). As relevant herein, a “qualifying child” must satisfy a residency test. Sec. 32(c)(3)(A)(ii) provides that the “qualifying child” must have “the same principal place of abode as the taxpayer for more than one-half” of the taxable year. At trial, petitioner admitted that the children did not reside with him for more than half of the 1999 year. We conclude that petitioner is not entitled to an EIC. See Briggsdaniels v. Commissioner, T.C. Memo. 2001-321; Brignac v. Commissioner, T.C. Memo. 1999-387. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011