Paul Edwin Farrow - Page 6

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          insufficient to cover all of the assignments for support.  We               
          conclude that the payments from petitioner to his former spouse             
          during 2002 were for child support and not for alimony.                     
          Accordingly, we hold that petitioner is not entitled to the                 
          claimed $5,301 deduction for taxable year 2002.                             
               As to the section 32 earned income credit claimed by                   
          petitioner, that section requires the children to have the same             
          principal place of abode as the taxpayer for more than one half             
          of the taxable year.  See secs. 32(c)(3), 152(c).  Petitioner               
          testified at trial that his children lived with him for only two            
          and a half months during 2002.  Consequently, we hold that                  
          petitioner is not entitled to the section 32 earned income credit           
          for taxable year 2002.                                                      
               To reflect the foregoing,                                              

                                                   Decision will be entered           
                                              for respondent.                         


















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