Johnnie Everage - Page 3

                                        - 3 -                                         
          he contends that the Social Security benefits are not includable            
          in gross income.                                                            
               Section 86 governs the taxability of Social Security                   
          benefits.  That section, which is complex and cannot be parsed              
          easily, provides in relevant part:                                          


                    (a)  In General.--                                                
                         (1)  In general.--Except as provided in paragraph            
                    (2), gross income for the taxable year of any taxpayer            
                    described in subsection (b) (notwithstanding section              
                    207 of the Social Security Act) includes social                   
                    security benefits in an amount equal to the lesser of--           
                              (A) one-half of the social security                     
                         benefits received during the taxable year, or                
                              (B) one-half of the excess described in                 
                         subsection (b)(1).                                           
                         (2) Additional amount.--In the case of a                     
                    taxpayer with respect to whom the amount                          
                    determined under subsection (b)(1)(A) exceeds the                 
                    adjusted base amount, the amount included in gross                
                    income under this section shall be equal to the                   
                    lesser of--                                                       
                              (A) the sum of--                                        
                                   (i) 85 percent of such excess, plus                
                                   (ii) the lesser of the amount                      
                              determined under paragraph (1) or an                    
                              amount equal to one-half of the                         
                              difference between the adjusted base                    
                              amount and the base amount of the                       
                              taxpayer, or                                            
                              (B) 85 percent of the social security                   
                         benefits received during the taxable year.                   
                    (b) Taxpayers to Whom Subsection (a) Applies.--                   





Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011