- 7 - unmarried daughter. Sec. 2(b)(1)(A)(i). As a married individual, petitioner is not entitled to claim head of household filing status for 2002. Respondent’s determination is sustained. 4. Child Tax Credit For the taxable year 2002, taxpayers are allowed to claim a tax credit of $600 for each qualifying child. Sec. 24(a). The plain language of section 24 establishes a three-pronged test to determine whether a taxpayer has a qualifying child. If one of the qualifications is not met, the claimed child tax credit must be disallowed. The first element of the three-pronged test requires that a taxpayer must have been allowed a deduction for that child under section 151. Sec. 24(c)(1)(A). As stated supra p. 4, the Court has sustained respondent’s determination that petitioner is not entitled to a dependency exemption deduction for LJ. Thus, petitioner fails the first prong of the test of section 24. The Court sustains respondent’s determination regarding the section 24 child tax credits. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011