- 10 - (III) an eligible foster child of the taxpayer. * * * * * * * (iii) Eligible foster child.--For purposes of clause (i), the term “eligible foster child” means an individual not described in subclause (I) or (II) of clause (i) who-- (I) is placed with the taxpayer by an authorized placement agency, and (II) the taxpayer cares for as the taxpayer’s own child. As previously stated, petitioner has not established that his home during taxable year 2003 was the principal place of abode for KO and NW for more than one-half of the taxable year. Further, as previously stated, petitioner is not related to either child, he is not married to their mother, and these children were not placed with him by an authorized placement agency. We find that KO and NW fail the residency test of section 32(c)(3)(A)(ii) and the relationship test of section 32(c)(3)(B); therefore, we need not and do not decide whether they satisfy the age test under section 32(c)(3). Accordingly, respondent’s determination on this issue is sustained. 4. Child Tax Credit As previously stated, petitioner claimed a child tax credit for taxable year 2003 with KO and NW as qualifying children. InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011