Earl Clyde Muncy - Page 13

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               Although petitioner’s divorce decree dated December 8, 1997,           
          was entered on December 23, 1997, it is not apparent from the               
          record whether he was married to his current wife, Julie Muncy,             
          at the close of the 2001 taxable year.  However, we need not                
          address petitioner’s marital status during that year because                
          petitioner fails to meet the principal place of abode                       
          requirement.  As determined above, petitioner’s home did not                
          constitute the principal place of abode for his children during             
          2001.  Because of this fact, petitioner does not meet the                   
          criteria for the head of household filing status.                           
               IV. Child Tax Credit                                                   
               Section 24 allows a credit for each “qualifying child” of              
          the taxpayer.  A “qualifying child” for purposes of section 24 is           
          an individual who meets the relationship test under section                 
          32(c)(3)(B), has not attained the age of 17 by the close of the             
          taxable year, and with respect to whom the taxpayer is entitled             
          to a dependency exemption deduction under section 151.  Sec.                
          24(c).                                                                      
               As a son or a daughter of petitioner, petitioner’s children            
          meet the relationship test.  During the year in issue, neither              
          child had attained the age of 17.  BEM was 13 years old and KLM             
          was 11 years old at the close of the taxable year.  However, as             
          previously discussed, petitioner is not eligible to claim a                 








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