Burnice Jerome Davis - Page 7




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          Accordingly, petitioner is not entitled to a dependency deduction           
          for JJD for 2003.                                                           
          II.  Child Tax Credit                                                       
               Section 24(a) provides that a taxpayer may claim a credit              
          for “each qualifying child”.  A qualifying child is defined,                
          inter alia, as any individual if “the taxpayer is allowed a                 
          deduction under section 151 with respect to such individual for             
          the taxable year”.  Sec. 24(c)(1)(A).                                       
               We concluded that petitioner is not entitled to a dependency           
          deduction pursuant to section 151 for JJD for 2003.                         
          Consequently, JJD is not a “qualifying child” pursuant to section           
          24(c).  Accordingly, petitioner is not entitled to a child tax              
          credit under section 24(a) with respect to JJD for 2003.                    
          III.  Head of Household                                                     
               Section 2(b) defines “head of household” as an individual              
          taxpayer who is:  (1) Unmarried at the close of the taxable year;           
          and (2) maintains as his home a household which constitutes for             
          more than one-half of the taxable year the principal place of               
          abode of an unmarried son or daughter of the taxpayer.  Sec.                
          2(b)(1)(A)(i).                                                              
               Petitioner did not maintain a household that was the                   
          principal place of abode for JJD for more than one-half of the              
          taxable year.  Petitioner did not assert that any other                     
          qualifying children lived with him for more than one-half of the            







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