Roger G. and Lilianne J. G. Maki - Page 4




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          are entitled to a refund for the overpayment of tax.  Respondent            
          contends that the law is clear and petitioners’ Social Security             
          income was correctly reported on their 1997 income tax return as            
          taxable income under section 86(a).  We agree with respondent.              
               Under the provisions of section 86, Social Security                    
          disability benefits received after 1984 are subject to tax.                 
          Section 86 was duly enacted by Congress in the Social Security              
          Act Amendments of 1983, Pub. L. 98-21, sec. 121(a), 97 Stat. 65,            
          80.  Thus, we are bound to follow the statutes as enacted by                
          Congress.  See Donigan v. Commissioner, 68 T.C. 632, 633 (1977);            
          Bailey v. Commissioner, T.C. Memo. 1994-391.                                
               Section 61(a) provides that, except as otherwise provided by           
          law, gross income includes all income from whatever source                  
          derived.  Further, section 86(a) provides that if the modified              
          adjusted gross income of the taxpayer plus one-half of the Social           
          Security benefits received exceeds the adjusted base amount, then           
          gross income includes the lesser of: (1) The sum of (a) 85                  
          percent of such excess, plus (b) the lesser of (i) one-half of              
          the Social Security benefits received during the year or (ii)               
          one-half of the difference between the adjusted base amount and             
          the base amount of the taxpayer; or (2) 85 percent of the Social            
          Security benefits received during the taxable year.  See sec.               
          86(a)(2).  The base amount and the adjusted base amount for                 
          taxpayers filing a joint return for 1997 is $32,000 and $44,000,            
          respectively.  See sec. 86(c)(1)(B) and (2)(B).  Petitioner’s               






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