- 11 - Cir. 2001). An individual who does not have a qualifying child is eligible for an earned income credit if: (1) The individual’s principal place of abode is in the United States; (2) the individual, or his or her spouse, has attained the age of 25 but not the age of 65 at the close of the taxable year; and (3) the individual is not a dependent for whom a deduction is allowed under section 151. Sec. 32(c)(1)(A)(ii). Further, for the year in issue, individuals who do not have any qualifying children and whose earned income is $11,060 or greater are not entitled to an earned income credit for that year. See Rev. Proc. 2001-13, sec. 3.03(1), 2001-1 C.B. 337, 339. On this record, the Court is unable to determine whether petitioner is eligible for an earned income credit under section 32(c)(1)(A)(ii). Conclusion We hold that petitioner is not entitled to claim a dependency exemption deduction for JTMZ for taxable year 2002. Petitioner also is not entitled to head-of-household filing status for taxable year 2002, or an earned income credit under section 32(c)(1)(A)(i) for taxable year 2002. Petitioner may qualify for an earned income credit under section 32(c)(1)(A)(ii).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011