Evans A. Mbachu - Page 7

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          case, section 32(c)(3)(A)(ii) defines, as one of the factors                
          constituting a "qualifying child", an individual who has the same           
          principal place of abode as the taxpayer for more than one-half             
          of the taxable year.  As concluded in the preceding discussion,             
          the two stepchildren did not have their principal place of abode            
          with petitioner for more than one-half of the taxable year 2002.            
          Petitioner, therefore, is not entitled to the earned income                 
          credit for the year 2002.                                                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             under Rule 155.                          























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