- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011