- 5 - 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).Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007