Bryant M. Hartfield - Page 8

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          percentages and amounts to be used in computing the earned income           
          credit according to whether the eligible individual has no                  
          qualifying children, one qualifying child, or two or more                   
          qualifying children.                                                        
               Section 32(c)(1)(A)(i) provides that a taxpayer qualifies as           
          an eligible individual if the taxpayer has a qualifying child for           
          the tax year.8  Section 32(c)(3) defines “qualifying child” as an           
          individual who bears a relationship to the taxpayer prescribed by           
          section 32(c)(3)(B) (the relationship test), who meets the age              
          requirements of section 32(c)(3)(C) (the age test), and who                 
          shares the same principal place of abode as the taxpayer for more           
          than one-half of the taxable year as prescribed by section                  
          32(c)(3)(A)(ii) (the residency test).9  The record demonstrates             
          that S.L.B. satisfies the residency test and the age test.                  
          However, because she bears no relationship to petitioner, she               
          fails to meet the relationship test of section 32(c)(3)(B)(i) and           
          is not a qualified child of petitioner for purposes of the earned           
          income credit.                                                              
               Section 32(c)(1)(A)(ii) provides that a taxpayer with no               
          qualifying children may qualify as an eligible individual if the            

               8The Working Families Tax Relief Act of 2004, sec.                     
          205(b)(1), 118 Stat. 1176, amended sec. 32(c)(1), effective for             
          tax years beginning after Dec. 31, 2004.                                    
               9The Working Families Tax Relief Act of 2004, sec. 205(a),             
          118 Stat. 1176, amended sec. 32(c)(3), effective for tax years              
          beginning after Dec. 31, 2004.                                              





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