Ann M. Wilson - Page 11

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          individual is not a dependent for whom a deduction is allowed               
          under section 151.  Sec. 32(c)(1)(A)(ii).                                   
               On this record, the Court was satisfied that petitioner was            
          at least 25 years of age and had not attained age 65 before 2002,           
          and that she was not a dependent for whom a deduction was allowed           
          under section 151.  However, petitioner would be eligible only if           
          her modified adjusted gross income were less than $10,710.  See             
          Rev. Proc. 2001-13, sec. 3.03(1), 2001-1 C.B. 337, 339.                     
               We hold that petitioner does not qualify as a head of                  
          household, nor does petitioner qualify for the earned income                
          credit under section 32(c)(1)(A)(i).  Petitioner may qualify for            
          the earned income credit under section 32(c)(1)(A)(ii).                     
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                        under Rule 155.                               
















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