- 16 - 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 ofPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011