- 4 - adjusted gross income, exclusive of any Social Security benefits, is $23,586.3 Petitioner did not include any portion of the benefits in gross income. Respondent determined that 85 percent of the benefits, or $22,409, is includable. The inclusion of Social Security benefits in gross income is governed by section 86. Social Security disability benefits are treated in the same manner as other Social Security benefits. Sec. 86(d)(1); Thomas v. Commissioner, T.C. Memo. 2001-120. Under the general rule, taxpayers whose modified adjusted gross income plus half of the Social Security benefits received is greater than $25,0004 must include a portion of the benefits in 2(...continued) Total income 32,389 IRA deduction 2,000 Moving expenses 7,900 Total adjustments (11,900)1 Adjusted gross income 20,489 2 1This amount was written on top of an entry showing $9,900. 2This amount was written on top of an entry showing $22,489. It is evident from petitioner’s return that the error lies not in the adjusted gross income computation, but in the amount of moving expenses. According to the Form 3903, Moving Expenses, filed by petitioner with his return, he incurred a total of $9,900 in such expenses. This indicates that while petitioner discovered and corrected the error in the adjusted gross income computation, he neglected to correct the error in the amount of moving expenses reflected in the computation. The Rule 155 computation must account for this discrepancy in the notice of deficiency. 3This amount is $20,490 plus the $3,096 in concessions made by petitioner. See supra note 1 for the individual concessions. 4This amount is $32,000 in the case of joint returns and zero in the case of taxpayers who are married, who do not file a (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011