Stacy L. Nobles - Page 9




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               Although petitioner is not eligible to claim an earned                 
          income credit under section 32(c)(1)(A)(i) for one or more                  
          qualifying children, he may be an “eligible individual” under               
          section 32(c)(1)(A)(ii).  For 2004, a taxpayer is eligible under            
          this subsection only if his or her adjusted gross income was less           
          than $11,490.  Rev. Proc. 2003-85, sec. 3.06, 2003-2 C.B. 1184,             
          1187.  Petitioner’s adjusted gross income for 2004 was $18,830.             
          Accordingly, petitioner is not eligible for an earned income                
          credit.                                                                     
               The Court has considered all of petitioner’s contentions,              
          arguments, requests, and statements.  To the extent not discussed           
          herein, the Court concludes that they are meritless, moot, or               
          irrelevant.                                                                 
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent.                          


















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