- 6 - gross income in an examination of their Federal income tax return by the IRS. Unfortunately, however, each taxable year stands alone, and the IRS may challenge in a succeeding year what was condoned or agreed to in a former year. Boatner v. Commissioner, T.C. Memo. 1997-379 (citing Auto. Club v. Commissioner, 353 U.S. 180 (1957)), affd. 164 F.3d 629 (9th Cir. 1998). Thus, taxpayers’ returns must be in accord with the law even though the Commissioner may have previously accepted a position not in accordance with the law. In addition, the Commissioner is not bound by an agent’s representations. Bornstein v. United States, 170 Ct. Cl. 576, 345 F.2d 558 (1965). Authoritative tax law is contained in statutes, regulations, and judicial decisions. Zimmerman v. Commissioner, 71 T.C. 367 (1978), affd. 614 F.2d 1294 (2d Cir. 1979). In accordance with the above discussion of the nature of the IHSS payments, the Court concludes that these payments constitute gross income. Respondent, therefore, is sustained. The last issue is petitioners’ claim to the earned income credit under section 32 for NV and another son on their 2001 income tax return. At trial, respondent agreed each of petitioners’ children was a qualifying child with regard to the age, residency, and relationship tests of section 32. Respondent disallowed the credit due to the income limitation. Sec. 32(b)(2). Respondent stated, at trial, that the earned incomePage: Previous 1 2 3 4 5 6 7 8 9 Next
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