- 6 - an eligible individual with no qualifying children.4 In particular, respondent contends that Justice is not a qualifying child with respect to petitioner for the 1998 taxable year. We agree. “The term ‘qualifying child’ means, with respect to any taxpayer for any taxable year, an individual * * * who has the same principal place of abode as the taxpayer for more than one- half of such taxable year”. Sec. 32(c)(3)(A). As discussed above, petitioner has not met his burden of showing that Justice had the same principal place of abode as petitioner for more than one-half of the 1998 taxable year. Accordingly, Justice is not a “qualifying child” with respect to petitioner for purposes of the earned income credit under section 32. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered under Rule 155. 4 At the time of trial, respondent conceded that petitioner was entitled to claim an earned income credit of $341, which is the maximum amount that could be claimed for the 1998 taxable year by an eligible individual with no qualifying children. See Rev. Proc. 97-57, sec. 3.03, 1997-2 C.B. 584, 586. We accept respondent’s concession.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011