- 7 - petitioner and Mr. Olivas’s claiming the earned income credit and an additional child tax credit in excess of the allowable amounts. These credits are attributable to both spouses, posits respondent, rather than only to Mr. Olivas. We do not agree. An “item” for purposes of section 6015, and more specifically section 6015(b)(1)(B), is “that which is required to be separately listed on an individual income tax return or any required attachments. Items include, but are not limited to, gross income, deductions, credits, and basis.” Sec. 1.6015- 1(h)(3), Income Tax Regs. An “erroneous item” is “any item resulting in an understatement or deficiency in tax to the extent that such item is omitted from, or improperly reported * * * on an individual income tax return.” Sec. 1.6015-1(h)(4), Income Tax Regs. The retirement distributions Mr. Olivas received constitute gross income, which is required to be separately listed on an individual tax return. Those distributions were “erroneous 5(...continued) 6662(d)(2)(A) and the regulations thereunder; i.e., the excess of the amount of tax required to be shown on the return over the amount of the tax imposed which is shown on the return, reduced by any rebate (within the meaning of sec. 6211(b)(2)). See sec. 6662(d)(2)(A). Neither the amount of tax required to be shown on the return, see secs. 1.6662-4(b)(3), 1.6664-2(b), Income Tax Regs., nor the amount of tax imposed which is shown on the return, see secs. 1.6662-4(b)(4), 1.6664-2(c), Income Tax Regs., takes into account credits for tax withheld under sec. 31 (with exceptions not present here).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008