- 11 - pertinent part, defines an “eligible individual” as “any individual who has a qualifying child for the taxable year”. A “qualifying child” is one who satisfies a relationship test, a residency test, and an age test. Sec. 32(c)(3). The pertinent parts of section 32(c)(3) provide: (3) Qualifying child.-- (A) In general.--The term “qualifying child” means, with respect to any taxpayer for any taxable year, an individual–- (i) who bears a relationship to the taxpayer described in subparagraph (B), (ii) who has the same principal place of abode as the taxpayer for more than one- half of such taxable year, and (iii) who meets the age requirements of subparagraph (C). As relevant herein, a descendant of a brother or sister who the taxpayer cares for as the taxpayer’s own child satisfies the relationship test. Sec. 32(c)(3)(B)(i)(II). Therefore, we are willing to assume that BMB satisfies the relationship test. However, although we find petitioner’s testimony credible that BMB did reside in his residence in Miamisburg, Ohio, for a period of time in 2004, petitioner did not establish that his residence was the principal place of abode for BMB for more than one-half of the taxable year 2004. Ms. Parks’s testimony showsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011