Elroy Smith - Page 3

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               Respondent determined a deficiency in petitioner’s Federal             
          income tax of $3,290 for the taxable year 2003.                             
               The issues for decision are:  (1) Whether petitioner is                
          entitled to claim a dependency exemption deduction for DS;1 (2)             
          whether petitioner is entitled to head-of-household filing                  
          status; (3) whether petitioner is entitled to an earned income              
          credit; and (4) whether petitioner is entitled to a child tax               
          credit for taxable year 2003.                                               
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner resided in               
          Jackson, South Carolina, on the date the petition was filed in              
          this case.                                                                  
               During taxable year 2003, petitioner resided in a dwelling             
          next to that of his sister, Yvonne Smith (Yvonne), who was                  
          single.  Yvonne has a son DS, who turned 17 years old during                
          taxable year 2003, and who lived with Yvonne.                               
               Also, during taxable year 2003, petitioner was employed as a           
          long-distance truck driver by J.B. Hunt Transport, Inc.                     
          Additionally, petitioner was self-employed by his own truck                 
          company, E. Smith Trucking Company.  J.B. Hunt Transport, Inc.              
          issued to petitioner a Form W-2, Wage and Tax Statement, which              


          1The Court uses only the minor child’s initials.                            




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