- 6 - 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 incomePage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008