- 7 - credit because the two children upon whom petitioner claims the earned income credit are not qualifying children. Respondent, therefore, is sustained on this issue. Child Care Credit The fourth issue is whether petitioner is entitled to claim the child care credit under section 21(a). Section 21(a) generally allows a credit against the tax to any individual who maintains a household that includes as a member one or more qualifying individuals. The term “qualifying individual”, under section 21(b), includes a dependent of the taxpayer (as defined in section 152(a)(1)) under age 13. The allowable credit, under section 21(b)(2), generally is based upon employment-related expenses that are incurred to enable the taxpayer to be gainfully employed, including expenses incurred for the care of a qualifying individual. Petitioner is not entitled to the child care credit for the same reason he is not entitled to the dependency exemption deductions for the two children. Further, petitioner failed to establish that he incurred employment-related expenses for the care of the children that enabled him to be employed. Respondent is sustained on this issue.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008