- 5 - testified that petitioner had custody of Justice for 2 nights per week and for a couple of hours every other day throughout the week. We found Kim Lake to be a credible witness. We note that Kim Lake’s testimony was generally consistent with the terms of custody set forth in the Monongalia County court order. Petitioner is not entitled to head-of-household filing status for the 1998 taxable year. 2. Earned Income Credit A taxpayer may claim the earned income credit if he or she is an “eligible individual”. Sec. 32(a). The term “eligible individual” is statutorily defined to include either “any individual who has a qualifying child for the taxable year” or “any other individual who does not have a qualifying child for the taxable year”. Sec. 32(c)(1)(A). This definitional distinction is important because it affects the amount an eligible individual may claim for the earned income credit. For example, an eligible individual with no qualifying child is entitled to an earned income credit of no more than $341 for the 1998 taxable year, whereas an eligible individual with 1 qualifying child is entitled to no more than $2,271. Rev. Proc. 97-57, sec. 3.03, 1997-2 C.B. 584, 586. Respondent concedes that petitioner is entitled to the earned income credit, but only to the extent that petitioner isPage: Previous 1 2 3 4 5 6 7 Next
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