DeLinda ViAnne Rogers - Page 5

                                        - 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