- 2 - 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.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011