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by which the taxpayer’s earned income exceeds $10,500. Sec.
24(d)(1)(A) and (B), (3); Rev. Proc. 2002-70, sec. 3.04, 2002-2
C.B. 845, 847. The refundable and nonrefundable portions of the
child tax credit cannot exceed the total allowable amount of the
credit.
Since petitioners are not allowed dependency exemption
deductions with respect to the children from Mr. Gibson’s former
marriage, they are not qualifying children. Therefore,
petitioners are not entitled to claim child tax credits with
respect to those children. Moreover, petitioners are not
entitled to claim additional child tax credits because they did
not qualify for child tax credits.
To reflect the foregoing,
Decision will be entered
for respondent.
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Last modified: May 25, 2011