Jonathan W. Bodiford - Page 11

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          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 (9th           






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