- 4 - items from the definition of earned income. Specifically, section 32(c)(2)(B)(iv) provides that “no amount received for services provided by an individual while the individual is an inmate at a penal institution shall be taken into account” in determining a taxpayer’s earned income. In respondent’s motion for summary judgment, respondent contends that section 32(c)(2)(B)(iv) is dispositive in this case as all the wages petitioner earned during 1998 were received for services provided while she was an inmate at a penal institution. In her opposition to summary judgment, petitioner argues that her wages should not be subject to section 32(c)(2)(B)(iv) because she performed most of her services at a location outside of the penal institution and that her employment was voluntary and not mandated by the terms of her sentence.2 For the reasons stated below, we agree with respondent. Section 32(c)(2)(B)(iv) expressly excludes from the computation of the earned income credit all wages for services earned by a taxpayer while he or she is an inmate at a penal institution. Wilson v. Commissioner, T.C. Memo. 2001-139; Taylor v. Commissioner, T.C. Memo. 1998-401. The sole inquiry is whether a taxpayer earned income while he or she was an inmate at a penal 2 In her opposition to summary judgment, petitioner alleges that she was sentenced under the Comprehensive Crime Control Act of 1972, as amended in 1984, and was not mandated to work under the terms of the Mandatory Work Requirement for All Prisoners, as enacted in 1990.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011