Hello, this is a research problem for my Income Tax class: \"Ashby and Curtis, a
ID: 2474427 • Letter: H
Question
Hello, this is a research problem for my Income Tax class:
"Ashby and Curtis, a professional couple, have a 2-year-old son, Jason. Curtis works full-time as an electrical engineer, but Ashby has not worked outside the home since Jason was born. As Jason is getting older, Ashby thinks that Jason would benefit from attending nursery school several times a week, which would give her an opportunity to reinvigorate her love of painting at a nearby art studio. Ashby thinks that if she is lucky, the proceeds from the sale of her paintings will pay for the nursery school tuition. But in addition, she is planning to claim the credit for child and dependent care expenses because the care provided Jason at the nursery school is required for her to pursue her art career. Can Ashby and Curtis claim the credit for child and dependent care expenses for the nursery school expenditure? Why or why not?"
The problem says that "if she is lucky" then she can sell her paintings and have income but if she is not then she wouldn't get any income. I'm stuck because I don't know if Ashby pursuing her art passion is qualified as "work or looking for work" to claim the dependent care credit. Is there any court case that is similar to this problem or court case that leads to the decision? Thank you.
Explanation / Answer
This depends on her intention if she is pursuing the passion of arts just like that then she can claim the credits, however, the moment that she gets an income through it, it will qualify as a work as it generating income. If the income is within a limit that it could not support the care of Jason then also she can claim otherwise she cannot if income is derived.
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