- 13 - prescribes different percentages and amounts that are to be used to calculate the credit depending on whether the eligible indi- vidual has no qualifying children, one qualifying child, or two or more qualifying children. Respondent does not dispute that petitioner’s daughters that he claimed as dependents in peti- tioner’s 2002 return are qualifying children for purposes of the earned income tax credit. For taxable year 2002, the earned income tax credit is completely phased out if an individual who has two qualifying children and who is not married filing jointly9 has adjusted gross income that equals or exceeds $33,178. See sec. 32(b)(1)(A) and (2); Rev. Proc. 2001-59, 2001-2 C.B. 623, 625- 626. In petitioner’s 2002 return, petitioner claimed adjusted gross income of $24,284.22. We have held that petitioner must include $25,940.49 in his gross income for 2002. As a result, petitioner’s adjusted gross income for that year is $50,224.71. On the record before us, we find that petitioner has failed to carry his burden of establishing that he is entitled for his taxable year 2002 to the earned income tax credit. To reflect the foregoing and petitioner’s concession, Decision will be entered for respondent. 9Petitioner claimed head of household filing status in petitioner’s 2002 return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011