- 3 - 886-A,2 involving an audit of petitioners' 1987 tax year. Form 886-A, was a handwritten statement addressed to petitioners and stated the following: The enclosed information indicates that the income is considered taxable Social Security Benefits and not disability payments that are non-taxable. You will receive a refund for the amount you overpaid if you owe no other taxes. The Form 886-A was the enclosure referenced on petitioners' 1991 Federal income tax return. Respondent contends that Social Security disability benefits are taxed pursuant to section 86 and that one-half of the amount received is taxable to petitioner during the year in issue. The first issue for decision is whether petitioner's Social Security disability payments are taxable pursuant to section 86. We begin by noting that petitioners have the burden of proving that respondent's determination is in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Before 1984, certain payments made in lieu of wages to an employee who was retired by reason of permanent and total disability were excludable from the employee's gross income under section 105(d).3 However, the Social Security Act Amendments of 1983 repealed the limited exclusion of disability payments 2 Agreement as to Final Determination of Tax Liability. 3 Sec. 105(d) was repealed effective for taxable years after 1983 by the Social Security Act Amendments of 1983, Pub. L. 98-21, sec. 122(b), 97 Stat. 85.Page: Previous 1 2 3 4 5 6 Next
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