Darren Carter - Page 3

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          2000 Federal income tax.  After a concession by petitioner,2 the            
          issue is whether petitioner is entitled to an earned income                 
          credit (EIC).  Petitioner resided in Brooklyn, New York, at the             
          time the petition was filed.                                                
               The relevant facts may be summarized as follows.  During the           
          year at issue petitioner resided with his girlfriend and her son            
          in Gastonia, North Carolina.  The child was not petitioner’s                
          biological child, was not adopted by petitioner, and was not                
          placed with petitioner by an authorized placement agency.  In               
          preparing his 2000 Federal income tax return, petitioner claimed            
          an EIC of $353 with the child as a qualifying child.3                       
               Section 32(a) provides for an EIC 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”.  A qualifying child is one who                 
          satisfies a relationship test, a residency test, and an age test.           
          See sec. 32(c)(3)(A).                                                       
               For the year in issue, to satisfy the relationship test, a             
          qualifying child must be “a son or daughter of the taxpayer, or a           
          descendant of either,” “a stepson or stepdaughter of the                    
          taxpayer, or” “an eligible foster child of the taxpayer.”  Sec.             


               2   Petitioner conceded that he is liable for unreported               
          income of $7,427.                                                           
               3   Petitioner did not claim the child as a dependent for              
          purposes of sec. 151.                                                       




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