- 6 - show that he cared for TW as his own child in 2003. This Court has indicated that merely contributing financially to the support of an individual does not rise to the level of caring for the individual as one’s own child. See Mares v. Commissioner, T.C. Memo. 2001-216; Smith v. Commissioner, T.C. Memo. 1997-544. Although petitioner is not eligible to claim an earned income credit under section 32(c)(1)(A)(i) for a qualifying child, he may be an “eligible individual” under section 32(c)(1)(A)(ii) even if he does not have any qualifying children. For 2003, a taxpayer is eligible under this subsection only if his adjusted gross income was less than $11,230. Rev. Proc. 2002-70, 2002-2 C.B. 845. Petitioner’s adjusted gross income was $11,132. Accordingly, petitioner is eligible for an earned income credit. Child Tax Credit and Additional Child Tax Credit For 2003, petitioner claimed a child tax credit of $29 and an additional child tax credit of $63 with TW as the qualifying child. Respondent determined that petitioner is not entitled to either. Section 24(a) authorizes a child tax credit with respect to each qualifying child of the taxpayer. The term “qualifying child” is defined in section 24(c). A “qualifying child” means an individual with respect to whom the taxpayer is allowed aPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011