- 7 - aggregate amount of $701 as reflected on Forms 1099 from Southwest Trust Bank ($457) and Bank of Pensacola ($244). Accordingly, we find petitioners have failed to meet their burden of proving that respondent’s determination regarding the foregoing was erroneous, and we sustain it. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933).6 Issue 2. Social Security Payments Respondent determined that during 1996 petitioners received $8,496 in Social Security benefit payments and failed to include 85 percent of such payments ($7,222) in their gross income as required by section 86. Section 86 requires the inclusion of a portion of Social Security benefits in gross income when the sum of the benefit recipient’s “modified” adjusted gross income plus one-half of his or her Social Security benefits exceeds certain threshold amounts. When, in the case of a joint return, this sum exceeds $32,000, the lesser of such excess or 50 percent of the Social Security benefits must be included in income. Sec. 86(a)(1), (c)(1)(B). When modified adjusted gross income exceeds $44,000 in the case of a joint return, up to 85 percent of the Social Security benefits received during the year must be included in gross income. Sec. 86(a)(2), (c)(2)(B). Under section 86, modified adjusted gross income in general equals adjusted gross income plus tax-exempt interest income received 6 See supra note 4.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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