Edward Falls Tramble-Bey - Page 4




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          income in the amount of $2,223.97, consisting of wages in the               
          amount of $2,197.66 and taxable interest income in the amount of            
          $26.31.  Although petitioner reported no tax liability (because             
          of the availability of a personal exemption and the standard                
          deduction), petitioner claimed an earned income credit in the               
          amount of $170.                                                             
               After examining petitioner’s return, respondent issued a               
          notice of deficiency.  In the notice, respondent determined that            
          petitioner was not entitled to an earned income credit because he           
          received wages while in a penal institution.  Thereafter,                   
          petitioner invoked the Court's jurisdiction by filing a timely              
          petition for redetermination.                                               
               Prior to trial, respondent moved for summary judgment.                 
          Relying on section 32(c)(2)(B)(iv) and Taylor v. Commissioner,              
          T.C. Memo. 1998-401, respondent contends that petitioner is not             
          entitled to an earned income credit because he was incarcerated             
          throughout the year in issue.                                               
               Petitioner also moved for summary judgment prior to trial.             
          Petitioner contends that he is entitled to the earned income                
          credit because Pre-Stressed Casting is a private-sector company             
          which paid him wages for work performed outside the Ozark                   
          Correctional Center.                                                        









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