Ishmael Tarikh - Page 7

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          that requisite; consequently, he qualifies for head-of-household            
          filing status for the year at issue.  See sec. 2(b)(1)(A)(i).               
               The third issue is petitioner’s claim to the earned income             
          credit of $2,815 under section 32.                                          
               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, and section 32(b)               
          prescribes different percentages and amounts used to calculate              
          the credit based on whether the eligible individual has no                  
          qualifying children, one qualifying child, or two or more                   
          qualifying children.                                                        
               To be eligible to claim an earned income credit with respect           
          to a qualifying child, a taxpayer must establish, inter alia,               
          that the child bears a relationship to the taxpayer prescribed by           
          section 32(c)(3)(B), that the child meets the age requirements of           
          section 32(c)(3)(C), and that the child shares the same principal           
          place of abode as the taxpayer for more than one-half of the                
          taxable year as prescribed by section 32(c)(3)(A)(ii).                      
               In the pretrial memorandum respondent filed at the trial of            
          this case, respondent argued:                                               

               Generally, I.R.C. section 32(c)(3) defines four tests for              
               “qualifying child” which pertain to 1) relationship, 2) age,           
               3) identification (taxpayer identification number) of the              
               child and 4) and abode requirement.  On this issue                     
               Petitioner does not satisfy the abode requirement with                 
               respect to the residency of the claimed dependents during              
               2003.  In addition it has already been shown he failed to              





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