James J. McCarron III and Michelle McCarron - Page 16

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          fact, find to be credible.  See Niedringhaus v. Commissioner, 99            
          T.C. 202, 219 (1992).                                                       
               In view of their failure to substantiate, the Court holds              
          that petitioners are not entitled to deductions in excess of the            
          amounts allowed by respondent in the notice of deficiency.                  
          Respondent's determinations are sustained.                                  
               Since the remaining itemized deductions respondent allowed             
          for tax year 1995 were less than the standard deduction for that            
          year, respondent allowed petitioners the higher amount of the               
          standard deduction.  See Wilkinson v. Commissioner, 71 T.C. 633,            
          635 (1979).  Respondent's determination is sustained.                       
               2.  Earned Income Credit                                               
               Section 32(a)(1) allows an eligible individual an earned               
          income credit against the individual’s income tax liability.                
          However, section 32(a)(2) limits the amount of credit allowable.            
               Section 32(a)(2) specifies the amounts of adjusted gross               
          income at which the earned income credit is phased out and the              
          taxpayer is no longer eligible for the credit.  In the case of an           
          eligible individual with two qualifying children, the phaseout              
          amounts are:  $12,200 for 1993, Rev. Proc. 92-102, 1992-2 C.B.              
          579; $11,000 for 1994, sec. 32(b)(2)(B); and $11,290 for 1995,              
          Rev. Proc. 94-72, 1994-2 C.B. 811.                                          
               The Court has sustained respondent's determinations that               
          petitioners had additional income in the amounts set forth in the           






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