Santiago L. Garcia - Page 9

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          Respondent’s disallowance of this credit, therefore, is                     
          sustained.                                                                  
               The fifth issue is the child tax credit under section 24(a).           
          Petitioner is not entitled to that credit because the child with            
          respect to whom the credit is claimed, under section 24(c), must            
          be a child for whom the taxpayer is allowed a deduction under               
          section 151 and who has not attained age 17.  Petitioner is not             
          entitled to the dependency exemption deduction under section 151            
          for the child.  Petitioner’s son, therefore, was not a qualifying           
          child for the year at issue.                                                
               The final issue is the late filing addition to tax under               
          section 6651(a)(1) with respect to petitioner’s 2003 income tax             
          return.  At trial, respondent submitted into evidence a                     
          certificate of official record regarding petitioner’s income tax            
          return for 2003.  The copy of petitioner’s return for 2003, which           
          is part of the official record, shows a date stamp as having been           
          received on August 16, 2004.  The attached copy of the return               
          shows that the return was signed on April 27, 2004.  Under                  
          section 6072(a), an income tax return on the basis of a calendar            
          year shall be filed on or before the 15th day of April following            
          the close of the calendar year.  Petitioner’s return for 2003,              
          therefore, should have been filed on or before April 15, 2004.              
          The return was received by the IRS several months later.  More              
          importantly, however, the return itself shows a signature date by           





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