Timothy E. Butler - Page 16

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               Issue (6): State Income Tax Refunds                                    
               Petitioner received refunds of State income taxes in the               
          amount of $224 in 1993 and in the amount of $414 in 1994, neither           
          of which was reported in income.                                            
               Generally, pursuant to section 111 and the regulations                 
          thereunder, if State income tax was deducted on a Federal income            
          tax return for a prior taxable year and if such deduction                   
          resulted in a tax benefit to the taxpayer (i.e., a reduction of             
          Federal income tax) for such prior taxable year, then a                     
          subsequent recovery by the taxpayer (i.e., a refund) of such                
          State income tax must be included in the taxpayer's gross income            
          for Federal tax purposes in the year in which the recovery is               
          received.  Kadunc v. Commissioner, T.C. Memo. 1997-92, and cases            
          cited therein.                                                              
               Petitioner presented no evidence to show that he did not               
          realize a tax benefit from the deduction of State income tax on             
          his Federal income tax return for 1992.  Accordingly, we sustain            
          respondent's determination that the refund of State income tax in           
          the amount of $224 in 1993 is includable in petitioner's gross              
          income for that year.                                                       
               In contrast, the record demonstrates that petitioner will              
          not receive a tax benefit from the deduction of State income tax            
          on his Federal income tax return for 1993 because the standard              
          deduction to which he is entitled for 1993 exceeds the amount of            






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