Stacy L. Nobles - Page 8




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          an individual with respect to whom the taxpayer is allowed a                
          deduction under section 151.  Sec. 24(c)(1)(A).  This Court has             
          already concluded that petitioner is not entitled to dependency             
          exemption deductions under section 151 for TE or TG.                        
          Accordingly, neither TE nor TG fits within the meaning of                   
          “qualifying child” as defined by section 24(c).  The Court                  
          concludes that petitioner is not entitled to a child tax credit             
          for either TE or TG.                                                        
          IV. Earned Income Credit                                                    
               Section 32(a)(1) allows an eligible individual an earned               
          income credit against the individual’s income tax liability.                
          Section 32(a)(2) limits the credit allowed through a phaseout,              
          and section 32(b) prescribes different percentages and amounts              
          used to calculate the credit.  The limitation amount is based on            
          the amount of the taxpayer’s earned income and whether the                  
          taxpayer has no children, one qualifying child, or two or more              
          qualifying children.                                                        
               To be eligible to claim an earned income credit with respect           
          to a child, the taxpayer must establish that the child satisfies            
          a relationship test, a residency test, and an age test.                     
          Sec. 32(c)(3)(A).  Neither TE nor TG satisfy the relationship               
          test as they are not the children, stepchildren, descendants,               
          nieces or nephews, or foster children of petitioner.  See sec.              
          32(c)(3)(B).                                                                







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