Gary James Taylor - Page 2

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          All Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               The sole issue for determination is whether petitioner is              
          entitled to the earned income credit for the tax year 1994.                 
               This case was submitted fully stipulated.  The stipulation             
          of facts and the attached exhibits are incorporated herein by               
          this reference.  Petitioner resided in Monroe, Washington, when             
          the petition in this case was filed.                                        
               During 1994, petitioner was incarcerated at the Washington             
          State Reformatory, a penal institution.  During his                         
          incarceration, petitioner was employed by Washington Marketing              
          Group, Inc. (WMG), as a telemarketer.  For his services,                    
          petitioner received wages from WMG in the amount of $5,054.10.              
          Petitioner included this amount in his 1994 Federal income tax              
          return and claimed an earned income credit in the amount of $300.           
               Petitioner is not entitled to the earned income tax credit             
          he claimed on his 1994 tax return.  An eligible individual is               
          allowed an earned income credit for the taxable year in an amount           
          equal to the credit percentage of so much of the taxpayer's                 
          earned income as does not exceed the earned income amount.  Sec.            
          32(a).  Earned income includes wages, salaries, tips, and other             
          employee compensation.  Sec. 32(c)(2)(A)(i).  However, earned               
          income does not include any amount received for services provided           
          by an individual while the individual is an inmate at a penal               
          institution.  Sec. 32(c)(2)(B)(iv).  The wages reported by                  




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