- 5 - 2. Filing Status Respondent determined that petitioner was not entitled to use the head of household filing status because the home he maintained was not the principal place of abode of a qualifying person for more than one-half of the taxable year. For this purpose, a qualifying person includes a daughter such as Samantha. See sec. 2(b)(1)(A)(i). Samantha’s principal place of abode for more than one-half of 1999, however, would have to have been in petitioner’s home for him to have qualified as a “head of household”. See sec. 2(b)(1)(A)(ii). Because petitioner did not meet this requirement, i.e., Samantha never lived in petitioner’s home during 1999, we sustain respondent’s determination as to this issue. 3. Earned Income Credit Respondent determined that petitioner did not qualify for the earned income credit for want of a qualifying child. Under section 32, an eligible individual is allowed a credit which is calculated as a percentage of his or her earned income, subject to certain limitations. Sec. 32(a)(1). An individual with a qualifying child is an eligible individual. Sec. 32(c)(1). For this purpose, a qualifying child includes a child of a taxpayer who has the same principal place of abode as the taxpayer for more than half of the taxable year. Sec. 32(c)(3)(A). Because petitioner did not meet this requirement, i.e., Samantha neverPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011