DeLinda ViAnne Rogers - Page 2

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          inmate at a penal institution, is entitled to an earned income              
          credit for taxable year 1998.                                               
                                     Background                                       
               Petitioner was incarcerated at the Federal Correctional                
          Institution in Dublin, California, throughout the taxable year              
          1998.  While she was an inmate, petitioner was employed by                  
          Unicor-Federal Prison Industries.  For her services, petitioner             
          earned wages of $1,658.48 in 1998.                                          
               Petitioner reported these wages on her 1998 Federal income             
          tax return.  She reported no other income for 1998.  Petitioner             
          claimed the standard deduction of $6,950 and, consequently,                 
          reported no tax liability for 1998.  Petitioner claimed an earned           
          income credit of $128 on her 1998 return and sought a refund in             
          that amount.                                                                
               On December 10, 1999, respondent issued a notice of                    
          deficiency to petitioner with respect to petitioner’s 1998 tax              
          return.  In the notice of deficiency, respondent disallowed                 
          petitioner’s claimed earned income credit and determined a                  
          deficiency in the amount of $128.  The notice of deficiency                 
          includes a statement that amounts paid to inmates in penal                  
          institutions for their work are not earned income for purposes of           
          computing the earned income credit.                                         









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