Shaun Dion Brandon - Page 11

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          D.  Child Tax Credit                                                        
               Petitioner claimed a child tax credit for the taxable year             
          2003 with SAB as the qualifying child.  In the notice of                    
          deficiency, respondent disallowed the child tax credit.                     
               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).  As relevant to these facts,            
          a qualifying child means an individual with respect to whom the             
          taxpayer is allowed a deduction under section 151.  Sec.                    
          24(c)(1)(A).                                                                
               We have already held that petitioner is not entitled to the            
          dependency exemption deduction under section 151 for SAB.                   
          Accordingly, SAB is not considered a “qualifying child” within              
          the meaning of section 24(c).  It follows, therefore, that                  
          petitioner is not entitled to a child tax credit under section              
          24(a).                                                                      
               In view of the foregoing, we sustain the respondent’s                  
          determination on this issue.                                                
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        for respondent.                               









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