Dennis and Dorinda J. Jelle - Page 13




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          We hold that petitioners received discharge of indebtedness                 
          income in 1996 when FmHA wrote off $177,772 of petitioners’                 
          outstanding loan obligation.                                                
          II.  Social Security Benefits                                               
               The second question raised by this litigation is whether a             
          portion of the Social Security benefits received by petitioners             
          is includable in their gross income.  Although this issue is                
          largely computational, we address it briefly to ensure lucidity.            
          The parties stipulated that petitioners received such benefits in           
          the amount of $3,420.  Of this total, respondent contends that 85           
          percent, or $2,907, must be reported as gross income.                       
          Petitioners have offered no argument related to their Social                
          Security benefits.                                                          
               Income tax treatment of Social Security benefits is governed           
          by section 86.  Section 86 applies to require inclusion of                  
          payments if the taxpayer’s adjusted gross income, with certain              
          modifications not relevant here, plus one-half of the Social                
          Security benefits received, exceeds a specified base amount.  See           
          sec. 86(b).  This base amount, in the case of taxpayers filing a            
          joint return, is $32,000.  See sec. 86(c)(1)(B).  Since                     
          petitioners reported adjusted gross income of $8,466 and we have            
          just held that they must include an additional $177,772 from                
          discharge of indebtedness, the base amount threshold is clearly             
          exceeded.                                                                   






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