Bruce Edward Kennedy - Page 7

                                        - 6 -                                         

          not been met, thus placing that question as the sole issue for              
          the Court.3                                                                 
               The residency test requires that a qualifying child have               
          “the same principal place of abode as the taxpayer for more than            
          one-half” of the taxable year.  Sec. 32(c)(3)(A)(ii).  Principal            
          place of abode is not defined in the provisions relating to the             
          earned income credit.  However, the provisions dealing with head-           
          of-household filing status are analogous.  H. Conf. Rept. 101-              
          964, at 1037 (1990), 1991-2 C.B. 560, 564; sec. 2(b)(1); sec.               
          1.2-2(b) and (c), Income Tax Regs.  In determining whether a                
          household actually constitutes the home of the taxpayer or a                
          principal place of abode of another person, the taxpayer and such           
          other person “must occupy the household”.  Sec. 1.2-2(c)(1),                
          Income Tax Regs.  However, temporary absences from the household            
          by the other person due to “special circumstances” are permitted.           
          Id.                                                                         
               With respect to special circumstances, the applicable                  
          regulation provides:                                                        

               A nonpermanent failure to occupy the common abode by reason            
               of illness, education, business, vacation, military service,           
               or a custody agreement under which a child or stepchild is             
               absent for less than six months in the taxable year of the             
               taxpayer, shall be considered temporary absence due to                 

               3    The Court decides this case without regard to the                 
          burden of proof.  Sec. 7491(a)(1); Rule 142(a); Higbee v.                   
          Commissioner, 116 T.C. 438 (2001).                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011