- 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