- 10 - 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 sustainsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011