Joe W. Jacobs - Page 6

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          adjusted base amount of $44,000, in the case of a joint return.             
          See sec. 86(a)(2), (c)(2)(B).                                               
               The increased percentage is not applicable because                     
          petitioner did not exceed the threshold for the adjusted base               
          amount.  One-half of the excess described in section 86(b)(1) was           
          $5,401.45 (($42,802.89 - $32,000)/2), which is less than one-half           
          of the total Social Security benefits received.                             
               Accordingly, the Court sustains respondent’s determination             
          that $5,401 of the Social Security benefits received by                     
          petitioner and Mrs. Jacobs in 2003 is includable in their gross             
          income for that year.                                                       
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent.                          




















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