- 4 - Petitioner also argues that the operation of section 86(d)(3) is unjust. This Court is not the proper place for this argument. We cannot evaluate the fairness of the law but must apply it as it is written; it is up to Congress to address questions of fairness and to make improvements to the law. Metzger Trust v. Commissioner, 76 T.C. 42, 59-60 (1981), affd. 693 F.2d 459 (5th Cir. 1982).2 Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent. 2We have reviewed and found to be correct respondent’s mathematical calculation of the portion of benefits includable in petitioner’s gross income under sec. 86.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011