- 5 - Petitioner concedes that RM and JM lived with Ms. Ovalle during 2003. At trial, petitioner testified that he lived at his mother’s home. He further testified that he would drop off and pick up JM from school and that JM would stay with him “sometimes”. Petitioner is not entitled to “head of household” filing status since his sons did not live with him for more than one-half of the year in 2003. Therefore, respondent’s determination on this issue is sustained. Earned Income Credit Petitioner claimed the earned income credit for taxable year 2003 for two “qualifying children”, RM and JM. Respondent determined that petitioner is not entitled to the earned income credit for 2003. Section 32(a)(1) allows an eligible individual an earned income credit against the individual’s income tax liability. Section 32(a)(2) limits the credit allowed, and section 32(b) prescribes different percentages and amounts used to calculate the credit based on whether the eligible individual has no qualifying children, one qualifying child, or two or more qualifying children. To be eligible to claim an earned income credit with respect to a qualifying child, a taxpayer must establish, inter alia, that the child bears a relationship to the taxpayer prescribed by section 32(c)(3)(B), that the child meets the age requirements of section 32(c)(3)(C), and that the child shares the same principalPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011