Evans A. Mbachu - Page 3

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          is not reviewable by any other court, and this opinion should not           
          be cited as authority.                                                      
               Respondent determined a deficiency of $4,400 in petitioner’s           
          Federal income tax for 2002.  The issues for decision are whether           
          petitioner is entitled to head of household filing status under             
          section 2(b) and whether petitioner is entitled to the earned               
          income credit under section 32(a).                                          
               Some of the facts were stipulated.  Those facts, with the              
          exhibits annexed thereto, are so found and are made part hereof.            
          Petitioner’s legal residence at the time the petition was filed             
          was Marietta, Georgia.                                                      
               Petitioner filed a Federal income tax return for 2002 on               
          which he claimed two dependency exemption deductions for his                
          stepchildren, a child tax credit under section 24, and the earned           
          income credit under section 32(a).  Petitioner filed as a head of           
          household under section 2(b).  In the notice of deficiency,                 
          respondent disallowed the two dependency exemption deductions,              
          the section 24 child tax credit and the section 32(a) earned                
          income credit and changed petitioner's filing status to married             
          filing separately.  At trial, respondent conceded petitioner's              
          entitlement to the two dependency exemption deductions.2  With              


               2    As a result of this concession, since the evidence at             
          trial satisfied the conditions of sec. 24(c)(1) relating to the             
          meaning of "qualifying child", the allowance of the dependency              
                                                             (continued...)           





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