Dimitri L. Harris - Page 7




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               Section 1(b) imposes a special tax rate on an individual               
          filing a Federal income tax return as head of household.  Section           
          2(b)(1) defines “head of a household” as an individual taxpayer             
          who:  (1) Is 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 a              
          qualifying child of the taxpayer or a dependent of the taxpayer             
          with respect to whom the taxpayer is allowed a dependency                   
          exemption deduction under section 151.  Sec. 2(b)(1)(A).  Since             
          this Court concludes that the children were not qualifying                  
          children of petitioner as defined in section 152(c) and that                
          petitioner is not entitled to dependency exemption deductions for           
          the children under sections 151 and 152(d)(2)(H), it follows that           
          petitioner is not entitled to head of household filing status.              
          Respondent’s determination is sustained on this issue.                      
          Earned Income Credit                                                        
               The third issue is petitioner’s claim to the earned income             
          credit under section 32(a).  Section 32(a) provides for an earned           
          income credit in the case of an eligible individual.  Section               
          32(c)(1)(A), in pertinent part, defines an “eligible individual”            
          as an individual who has a qualifying child for the taxable year.           
          Sec. 32(c)(1)(A)(i).  A qualifying child means a qualifying child           
          of the taxpayer as defined in section 152(c).  Sec. 32(c)(3).  As           
          discussed above, petitioner is not entitled to the earned income            







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