- 7 - limitations, may claim an earned income credit. Section 32(c)(1)(A)(i) defines an “eligible individual” as including an individual who has a “qualifying child” for the taxable year. A “qualifying child” includes a taxpayer’s children or grandchildren, among others, who share the taxpayer’s principal place of abode for more than one-half of the taxable year and who meet certain age requirements. Sec. 32(c)(3)(A) and (B)(i)(I). If more than one individual otherwise would be treated as eligible individuals with respect to the same qualifying child for the same taxable year, only the individual with the highest modified AGI for that taxable year shall be allowed the earned income tax credit. Sec. 32(c)(1)(C). We held above that petitioner cannot claim head of household status because petitioner did not establish that he maintained a separate household. Instead, the record reflects that petitioner shared the household with Ms. Guzman’s extended family; therefore, either of Ms. Guzman’s parents or other members of the household might be treated as eligible individuals for purposes of the earned income credit. See sec. 32(c)(1)(C). The inquiry then becomes whether petitioner had a higher AGI than Ms. Guzman’s parents or other eligible individuals living in the household. Petitioner has failed to introduce any evidence to demonstrate that he had a higher AGI than either of Ms. Guzman’s parents. Ms. Guzman testified not only that she did not knowPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011