- 5 - institution; other factors, such as the status of the payor as either a public or private entity, are irrelevant. See Wilson v. Commissioner, supra. In construing a statute, courts generally seek the plain and literal meaning of its language. See United States v. Locke, 471 U.S. 84, 93, 95-96 (1985); United States v. Am. Trucking Associations, Inc., 310 U.S. 534, 543 (1940); Wilson v. Commissioner, supra. Under the plain and literal language of section 32(c)(2)(B)(iv), it makes no difference whether petitioner performed services at a location outside the penal institution or whether her performance of services was voluntary or compulsory. Petitioner was an inmate at a penal institution throughout taxable year 1998, and all her wages received during that year are excluded from the computation of the earned income credit as a matter of law under section 32(c)(2)(B)(iv). Because there are no genuine issues of any material fact, respondent’s motion for summary judgment will be granted. To reflect the foregoing, An order and decision will be entered granting respondent’s Motion for Summary Judgment and entering decision for respondent.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011