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Contrary to petitioner’s position, there is nothing in the
legislative history that provides a basis for ignoring or
abandoning the plain language of section 32(c)(2)(B)(iv).
Indeed, the legislative history reiterates that “any amount
received for services provided by an individual while the
individual is an inmate at a penal institution” is excluded from
the definition of earned income. Id. at 182.
Consistent with the preceding discussion, we hold that
petitioner can prove no set of facts in support of a claim which
would entitle him to relief. See Conley v. Gibson, supra at 45-
46. In the absence of a justiciable claim for relief, we shall
grant respondent’s Motion to Dismiss for Failure to State a Claim
Upon Which Relief Can be Granted.
To reflect the foregoing,
An order will be issued
granting respondent’s Motion
to Dismiss for Failure to State
a Claim Upon Which Relief Can
be Granted, and a decision will be
entered for respondent.
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Last modified: May 25, 2011