- 5 - and does not state that petitioners' 1995 income tax return has been accepted as filed, nor does it address any of the specific issues encompassed in the notice of deficiency. Accordingly, respondent is not estopped from determining a deficiency in petitioners' 1995 income tax. II. Social Security Benefits FINDINGS OF FACT Petitioners reported receiving Social Security benefits of $8,993 on their 1995 income tax return. Petitioners did not, however, compute the taxable portion of their Social Security benefits to be included in their gross income. Respondent treated their failure to enter the taxable portion as a computational adjustment and determined that the taxable portion of the benefits was $7,643. OPINION Section 86 governs the taxability of Social Security benefits. Applying that section, respondent determined that the taxable portion of the benefits was $7,643. Petitioners do not dispute the accuracy of respondent's calculation. Rather, petitioners argue that the taxation of Social Security benefits is an ex post facto law in violation of Article I of the Constitution. Their position has no merit. The prohibition against ex post facto laws applies only to penal legislation that imposes or increases criminal punishment for conduct predatingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011