Shaun Dion Brandon - Page 9

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          Section 1(b) imposes a special income tax rate on an                        
          individual filing as head of household.  As relevant herein,                
          section 2(b) defines “head of household” as an unmarried                    
          individual who maintains as his or her home a household which               
          constitutes for more than one-half of the taxable year the                  
          principal place of abode of “any other person who is a dependent            
          of the taxpayer, if the taxpayer is entitled to a deduction for             
          the taxable year for such person under section 151”.  Sec.                  
          2(b)(1)(A)(ii).                                                             
               We have already held that petitioner is not entitled to the            
          dependency exemption deduction pursuant to section 151 with                 
          respect to SAB.  It follows, accordingly, that petitioner is not            
          entitled to head of household filing status.  Therefore, we                 
          sustain respondent’s determination with respect to this issue.              
          C.  Earned Income Credit                                                    
               Petitioner claimed an earned income credit for taxable year            
          2003 with SAB as the qualifying child.  In the notice of                    
          deficiency, respondent disallowed the earned income credit.                 
               Subject to certain limitations, an eligible individual is              
          allowed a credit which is calculated as a percentage of the                 
          individual’s earned income. Sec. 32(a)(1).  Earned income                   
          includes wages.  Sec. 32(c)(2)(A).  Section 32(c)(1)(A)(I), in              
          pertinent part, defines an “eligible individual” as “any                    
          individual who has a qualifying child for the taxable year”.  A             






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