- 7 - Petitioner has not claimed nor offered any evidence to show that he cared for AM as if she were his own daughter. Even if petitioner did provide some financial support for AM, it is insufficient to show that he cared for AM as his own child in 2004. This Court has indicated that merely contributing financially to the support of an individual does not rise to the level of caring for the individual as one’s own child. See Mares v. Commissioner, T.C. Memo. 2001-216; Smith v. Commissioner, T.C. Memo. 1997-544. Although petitioner is not eligible to claim an earned income credit under section 32(c)(1)(A)(i) for a qualifying child, he may be an “eligible individual” under section 32(c)(1)(A)(ii). For 2004, a taxpayer is eligible under this subsection only if his adjusted gross income was less than $11,490. Rev. Proc. 2003-85, sec. 3.06, 2003-2 C.B. 1184, 1187. Petitioner’s adjusted gross income was $14,994. Accordingly, petitioner is not eligible for an earned income credit. Additional Child Tax Credit For 2004, petitioner did not claim a child tax credit, but he claimed an additional child tax credit of $637 with DR and AM as qualifying children. Respondent determined that petitioner is not entitled to an additional child tax credit for 2004.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011