James Lee Moore - Page 7

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          For 2003, a taxpayer is eligible under this subsection only if              
          his adjusted gross income was less than $11,230.  Rev. Proc.                
          2002-70, 2002-2 C.B. 845.  Petitioner’s adjusted gross income was           
          $12,299.                                                                    
               Accordingly, petitioner is not eligible for an earned income           
          credit.                                                                     
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for respondent.                          



























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