Bruce Edward Kennedy - Page 3

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          be cited as authority.                                                      
               Respondent determined a deficiency of $4,529 in petitioner’s           
          Federal income tax for 2000.  The sole issue for decision is                
          whether petitioner is entitled to an earned income credit under             
          section 32(a), based on whether his daughters, Bianca and Alexa,            
          are qualifying children under section 32(c)(3).  More                       
          specifically, the question is whether the daughters had the same            
          principal place of abode with petitioner for more than one-half             
          of the taxable year under section 32(c)(3)(A)(ii).2                         
               Some of the facts were stipulated.  Those facts, with the              
          exhibits annexed thereto, are so found and are made part hereof.            
          Petitioner’s legal residence at the time the petition was filed             
          was Cincinnati, Ohio.                                                       
               Petitioner’s son, Kyle W. Kennedy (Kyle), was born in 1985.            

               2    On his Federal income tax return for 2000, petitioner             
          claimed one dependency exemption for his son, Kyle Kennedy, and             
          claimed the earned income credit based on two qualifying                    
          children: the son, Kyle Kennedy, and a daughter, Bianca Kennedy.            
          Petitioner also claimed head-of-household filing status.  In the            
          notice of deficiency, respondent disallowed the dependency                  
          exemption for Kyle Kennedy, disallowed the earned income credit,            
          and determined that petitioner’s filing status was single rather            
          than head-of-household.  At trial, petitioner conceded his filing           
          status was single and conceded that his son, Kyle, was not a                
          qualifying child for purposes of the earned income credit.                  
          However, at trial, petitioner claimed that Bianca and another               
          daughter, Alexa, were qualifying children for purposes of the               
          earned income credit.  Respondent, at trial, conceded that                  
          petitioner was entitled to the dependency exemption for Kyle and            
          further conceded petitioner’s entitlement to a child tax credit             
          under sec. 24 with respect to Kyle (even though petitioner had              
          not claimed a child tax credit on his 2000 return).                         





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