Dontez R. Parks - Page 3

                                        - 2 -                                         
               Respondent determined a deficiency in petitioner’s Federal             
          income tax of $3,215 for taxable year 2004.  The issues for                 
          decision are:  (1) Whether petitioner is entitled to a dependency           
          exemption deduction for his niece, BMB;1 (2) whether petitioner             
          is entitled to an earned income credit; and (3) whether                     
          petitioner is entitled to both a child tax credit and an                    
          additional child tax credit.                                                
                                     Background                                       
               Some of the facts were stipulated and are so found.  The               
          stipulation of facts and attached exhibits are incorporated                 
          herein by reference.                                                        
               At the time the petition was filed, petitioner resided in              
          Miamisburg, Ohio.                                                           
               During the taxable year 2004, petitioner held several jobs.            
          He worked for Burlington Coat Factory, Extra Help Staffing, and             
          American Building Maintenance Company (ABM) earning $1,976, $31,            
          and $10,065, respectively.                                                  
               During the greater part of 2004, petitioner worked for ABM             
          as an office cleaner at a building that was located across the              
          street from an apartment he lived in with his girlfriend,                   
          Trueshonda Carmicle (Ms. Carmicle).  Petitioner’s daily work                
          shift was from 5:30 p.m. until 2:00 a.m.  He worked for ABM from            
          March 2003 until sometime in 2005.                                          


               1 The Court uses only the initials of the minor child.                 




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