Santiago L. Garcia - Page 7

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          2(b) provides generally that an individual shall be considered a            
          head-of-household if, among other requisites not pertinent here,            
          the taxpayer maintains as his home a household that constitutes             
          for more than one-half of such taxable year the principal place             
          of abode, as a member of such household, of an unmarried son or             
          stepson of the taxpayer.  Sec. 2(b)(1)(A)(i).  Petitioner’s son             
          did not live with petitioner; therefore, petitioner did not                 
          provide or maintain a home that was the principal place of abode            
          for his son for more than one-half of the taxable year.  Thus, it           
          follows that petitioner is not entitled to head-of-household                
          filing status for the year 2003.  Respondent, therefore, is                 
          sustained on this issue.                                                    
               The third issue is petitioner’s claim to the earned income             
          credit under section 32(a).                                                 
               Section 32(a) provides for an earned income credit in the              
          case of an eligible individual.  Section 32(c)(1)(A), in                    
          pertinent part, defines an “eligible individual” as an individual           
          who has a qualifying child for the taxable year.  Sec.                      
          32(c)(1)(A)(i).  A qualifying child is one who satisfies a                  
          relationship test, a residency test, an age test, and an                    
          identification requirement.  Sec. 32(c)(3).  To satisfy the                 
          residency test, the qualifying child must have the same principal           
          place of abode as the taxpayer for more than one-half of the                
          taxable year in which the credit is claimed.  Sec.                          





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