Fedner Francois Tovar - Page 6




                                        - 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 never              






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011