- 8 - during the year, subject to certain other adjustments not relevant here. Sec. 86(b)(2). At trial, Mr. Penn admitted that during 1996 petitioners received Social Security benefit payments totaling $8,496. Petitioners reported adjusted gross income of $24,082.49 for 1996, and we have found that petitioners failed to report an additional $28,837 of taxable interest income for that year. Taking into account the $3,517.23 loss on canceled tax certificates, as conceded by respondent, petitioners’ modified adjusted gross income for 1996 therefore equals $49,402.26. The sum of petitioners’ modified adjusted gross income plus one-half of their Social Security benefits ($4,248) is $53,650.26. Since this amount exceeds $44,000, up to 85 percent of petitioners’ Social Security benefits is includable in gross income. We anticipate that the precise amount of Social Security benefits includable in petitioners’ 1996 gross income will be ascertained by the parties in connection with computations under Rule 155. Issue 3. Accuracy-Related Penalty We must also decide whether petitioners are liable for the section 6662(a) accuracy-related penalty. Respondent determined that petitioners’ entire tax underpayment for the year in issue was the result of a substantial understatement of tax. Section 6662(a) provides for an accuracy-related penalty of 20 percent of any tax underpayment that is attributable to a substantial understatement of income tax. Section 6662(d)(1) defines aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011