Gerald R. Grace - Page 5




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               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.                                    




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