- 25 - pending her criminal trial, the absence is temporary for purposes of determining eligibility for the earned income credit. I see the petitioner’s absence in this case as analogous to a departure caused by serious illness and not a circumstance in which it is appropriate to apply the reasonableness of return test. It is contrary to our criminal justice system to presume petitioner’s guilt before her conviction. The possibility that her absence would become permanent by virtue of her ultimate conviction should not lessen the temporary nature of her detention and absence in the months preceding her trial. COHEN, LARO, and THORNTON, JJ., agree with this concurring opinion.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011