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gambling income from modified adjusted gross income or allows the
deduction of gambling losses in arriving at modified adjusted
gross income.
Unfortunately for petitioner, the EIC is based upon modified
adjusted gross income as defined for section 32. We have
verified that respondent’s computation of the earned income
credit is correct based on the inclusion of petitioner’s gambling
winnings as part of her modified adjusted gross income. We
conclude that the increase in petitioner’s modified adjusted
gross income decreased her EIC and resulted in the deficiency in
issue. We have no choice but to sustain respondent’s
determination.
Decision will be entered
for respondent.
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Last modified: May 25, 2011