D. Lloyd and Betty Thomas - Page 3




                                        - 2 -                                         
               Respondent determined a deficiency in petitioners’ Federal             
          income tax for 1997 in the amount of $1,564.                                
               After concessions by the parties,2 the issues for decision             
          are as follows:                                                             
               (1) Whether petitioners may exclude from gross income                  
          disability benefits received by petitioner D. Lloyd Thomas.  We             
          hold that petitioners may exclude such benefits.                            
               (2) Whether petitioners received interest on an overpayment            
          of income tax for 1993.  We hold that petitioners received such             
          interest.                                                                   
          Background                                                                  
               Some of the facts have been stipulated, and they are so                
          found.  Petitioners resided in Copperas Cove, Texas, at the time            
          that their petition was filed with the Court.                               
               At all relevant times, petitioners utilized the cash                   
          receipts and disbursements method of accounting in computing                
          their taxable income.  See sec. 446(c)(1).                                  



               2  Petitioners concede that in 1997 they were credited with            
          interest on overpayments of income tax for 1992, 1994, and 1995             
          in the amounts of $49.86, $161.84, and $7.03, respectively, as              
          determined by respondent in the notice of deficiency.                       
               Respondent concedes that the deficiency determined in the              
          notice of deficiency ($1,564) is overstated because of a                    
          computational error and that the correct amount of the deficiency           
          is $1,451.                                                                  
               The parties agree that adjustments to petitioners’ IRA                 
          deduction and Schedule A deductions are computational matters,              
          the resolution of which depends on our disposition of the two               
          disputed issues identified above.                                           





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