Earl Griffin - Page 5

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          amounts.  Petitioner’s adjusted gross income (including the                 
          amount conceded) was $14,843, and the limitation for that year              
          was $10,300.  Therefore, the Court agrees with respondent that              
          petitioner’s adjusted gross income exceeded the amount by which             
          he could have claimed an earned income credit under section                 
          32(c)(1)(A)(ii).  Respondent, therefore, is sustained on this               
          issue.                                                                      
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for respondent.                          
























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