Dimitri L. Harris - Page 8




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          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.                                                                      












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