Pacita Palermo Reyes - Page 11

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          residency test, and an age test.  Sec. 32(c)(3).  For the tax               
          year in issue, the residency test required a qualifying child to            
          have “the same principal place of abode as the taxpayer for more            
          than one-half of such taxable year”.  Sec. 32(c)(3)(A)(ii).  As             
          previously stated, the record shows that CME and CJE did not live           
          with petitioner for more than one-half of the taxable year 2002.            
          We find that CME and CJE fail the residency test of section                 
          32(c)(3)(A)(ii); therefore, we need not, and do not, decide                 
          whether they satisfy the relationship test or age test under                
          section 32(c)(3).  Thus, respondent is sustained on this issue.             
          4.   Child Tax Credits                                                      
               Finally, we consider the child tax credits.  A taxpayer may            
          be entitled to a credit against tax with respect to each                    
          “qualifying child”.  Sec. 24(a)  The plain language of section 24           
          established 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 previously stated, the Court has sustained respondent’s             
          determination that petitioner is not entitled to dependency                 
          exemption deductions for CME and CJE.  Thus, petitioner fails the           
          first prong of the test of section 24.  The Court sustains                  






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