William J. Phillips, Jr. and Matrona A. Phillips - Page 6




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          [possessed].”  United States v. Natl. Bank of Commerce, 472 U.S.            
          713, 725 (1985).                                                            
               Petitioners do not claim that petitioner-husband, against              
          whom the assessment had been made, had no interest in the account           
          levied upon, and it is not disputed that petitioner-husband could           
          have withdrawn the funds.  If petitioner-wife had cognizable                
          interest in the property levied upon, her remedy was to bring an            
          action in the district court against the United States pursuant             
          to section 7426(a).  See id. at 728.  But, she cannot claim here            
          that the distribution arising from the compliance with the levy             
          by Dean Witter should be deemed void.                                       
          2. Adjustments to Petitioners’ Modified Adjusted Gross Income for           
          EIC Purposes                                                                
               Section 32(a)(1) provides a credit based upon a taxpayer’s             
          earned income, commonly referred to as an EIC.  Section                     
          32(a)(2)(B) provides that the credit shall not exceed “the                  
          phaseout percentage of so much of the modified adjusted gross               
          income (or, if greater, the earned income) of the taxpayer * * *            
          as exceeds the phaseout amount.”  It is not contested that, if              
          the income from the IRA distribution is included in petitioners’            
          MAGI, respondent’s adjustment to the credit is correct.                     
               Section 62(a) provides that adjusted gross income means                
          gross income less certain deductions.  These deductions do not              
          include deductions for IRA distributions.  Section 32(c)(5)                 






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