- 10 - individual who has a qualifying child for the taxable year”. A “qualifying child” is one who satisfies a relationship test, a residency test, and an age test. Sec. 32(c)(3). The pertinent parts of section 32(c)(3) provide: (3) Qualifying Child.-- (A) In general.--The term “qualifying child” means, with respect to any taxpayer for any taxable year, an individual-- (i) who bears a relationship to the taxpayer described in subparagraph (B), (ii) who has the same principal place of abode as the taxpayer for more than one-half of such taxable year, and (iii) who meets the age requirements of subparagraph (C). As previously stated, petitioner has not established that his residence was the principal place of abode for JTMZ for more than one-half of the taxable year 2002. We find that JTMZ fails the residency test of section 32(c)(3)(ii); therefore, we need not, and do not decide whether he satisfies the relationship test of section 32(c)(3)(B) or the age test under section 32(c)(3). Petitioner may, however, still qualify for an earned income credit. An individual who does not have a qualifying child may be eligible under section 32(a) for an earned income credit, subject to, among other things, phaseout limitations. Merriweather v. Commissioner, T.C. Memo. 2002-226; Briggsdaniels v. Commissioner, T.C. Memo. 2000-105, affd. 2 Fed. Appx. 848 (9thPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011