Craig Bryant Redding - Page 6




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          individual” under section 32, a taxpayer must either:  (1) Have a           
          qualifying child as defined in section 32(c)(3); or (2) have                
          attained age 25 but not attained age 65, not be claimed as a                
          dependent by another taxpayer within the calendar year, and                 
          maintain his or her principal place of abode within the United              
          States for more than one-half of the taxable year.  Sec.                    
          32(c)(1)(A)(i) and (ii).                                                    
               Section 32(c)(3) defines “qualifying child” as, inter alia,            
          one who is below the age of 19, shares his or her principal place           
          of abode with the taxpayer for more than one-half of the taxable            
          year, and satisfies the following relationship test:                        
               (B) Relationship test.--                                               
                    (i) In general.--An individual bears a                            
               relationship to the taxpayer described in this                         
               subparagraph if such individual is–-                                   
                         (I) a son, daughter, stepson, or                             
               stepdaughter, or a descendant of any such                              
               individual,                                                            
                         (II) a brother, sister, stepbrother, or                      
               stepsister, or a descendant of any such                                
               individual, who the taxpayer cares for                                 
               as the taxpayers own child, or                                         
                         (III) an eligible foster child of the                        
               taxpayer.                                                              
          Petitioner’s affiliation with Ms. Jackson’s children does not               
          satisfy the relationship test under section 32(c)(3)(B).  Thus,             
          petitioner is not entitled to claim an EIC for having qualifying            
          children pursuant to section 32(c).                                         







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Last modified: November 10, 2007