Lorenzo D. Harris - Page 12

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                         (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 KH for more              
          than one-half of the taxable year 2002.  We find that KH fails              
          the residency test of section 32(c)(3)(ii).  Accordingly,                   
          respondent’s determination on this issue is sustained.                      
          4.  Child Tax Credit                                                        
               As previously stated, petitioner claimed a child tax credit            
          for taxable year 2002 with KH as the qualifying child.  In the              
          notice of deficiency, respondent disallowed the child tax credit.           
               Section 24(a) authorizes a child tax credit with respect to            
          each “qualifying child” of the taxpayer.  The term “qualifying              
          child” is defined in section 24(c).  As relevant here, a                    
          “qualifying child” means an individual with respect to whom the             
          taxpayer is allowed a deduction under section 151.  Sec.                    
          24(c)(1)(A).                                                                
               We have already held that petitioner is not entitled to the            
          dependency exemption deduction under section 151 for KH.                    
          Accordingly, KH is not considered a “qualifying child” within the           
          meaning of section 24(c).  It follows, therefore, that petitioner           








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