Diego Francisco - Page 8

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          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 know               






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