- 5 - respondent. Therefore, this Court finds that petitioner’s filing status in 2002 was single as claimed by petitioner on Form 1040. Earned Income Tax Credit The final issue for decision is whether petitioner is entitled to an earned income tax credit in the amount of $2,506 for the taxable year 2002. The relevant parts of section 32 provide that an individual is eligible for the earned income tax credit if the individual has a qualifying child. A “qualifying child” is a son or daughter of the taxpayer who has not attained the age of 19 at the end of the taxable year and shares the same principal place of abode in the United States with the taxpayer for more than one-half of the taxable year. Sec. 32(c)(3). Respondent has conceded that Gabriella is petitioner’s daughter, and that she is under the age of 19. Therefore, two of the three elements required have been satisfied if Gabriella is to be considered a qualifying child for earned income tax credit purposes. However, respondent contends that petitioner has not shown that Gabriella had the same principal place of abode as he did for more than half of 2002 in order for him to claim an earned income tax credit as a single person with a qualifying child. Petitioner testified that during the year in issue Gabriella lived with him and his brother, Robert Urena, at 1927 BleekerPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011