Shawn A. Finnegan - Page 10




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          who bears a relationship to the taxpayer as prescribed by section           
          32(c)(3)(B).  Sec. 24(c)(1).                                                
               Since petitioner was not allowed a deduction with respect to           
          M.F. under section 151, it follows that, for the year in issue,             
          M.F. is not a qualifying child.  Consequently, irrespective of              
          language in the judgment to the contrary, petitioner is not                 
          entitled to claim a child tax credit for M.F. in 2003.                      


                                                  Decision will be entered            
                                              for respondent.                         






























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Last modified: November 10, 2007