- 7 - 4. Earned Income Credit Section 32(a) provides for an earned income credit in the case of an eligible individual. Section 32(c)(1)(A)(i), in pertinent part, defines an “eligible individual” as any individual who has a qualifying child for the taxable year.2 A qualifying child is one who satisfies a relationship test, a residency test, and an age test. Sec. 32(c)(3). Erica and Ivan satisfy all three tests, and they are qualifying children with respect to petitioner. However, they are also qualifying children with respect to Ms. Rodriguez. Under such circumstances, for taxable years beginning on or before December 31, 2001, section 32(c)(1)(C) provides: (C) 2 or more eligible individuals.–-If 2 or more individuals would * * * be treated as eligible individuals with respect to the same qualifying child for taxable years beginning the same calendar year, only the individual with the highest modified adjusted gross income for such taxable years shall be treated as an eligible individual with respect to such qualifying child. Section 32(c)(5) defines the term “modified adjusted gross 2 Petitioner could also be an eligible individual, even if we were to find that he did not have any qualifying children. See sec. 32(c)(1)(A)(ii). In such a situation, however, petitioner would still not be entitled to the earned income credit for 2001 because his total income of $11,000 exceeded the “completed phaseout amount” of $10,710. See Rev. Proc. 2001-13, sec. 3.03(1), 2001-1 C.B. 337, 339.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011