- 3 - repaid the entire amount of the overpayment. On his 1997 Federal income tax return, petitioner reported adjusted gross income of $102,279, which does not include any of the Social Security benefits paid to petitioner during that year. In the notice of deficiency, respondent determined that a portion of the Social Security benefits received by petitioner in 1997 are includable in his income for that year. Other adjustments made in the notice of deficiency are not in dispute. Discussion The extent to which Social Security benefits are includable in a taxpayer’s income is determined pursuant to a formula that takes into account the amount of the taxpayer’s Social Security benefits, the amount of the taxpayer’s other income, and the taxpayer’s filing status. See sec. 86. For purposes of the computation contemplated by the formula, the amount of Social Security benefits received by a taxpayer during any taxable year is “reduced by any repayment made by the taxpayer during the taxable year of a social security benefit previously received by the taxpayer (whether or not such benefit was received during the taxable year).” Sec. 86(d)(2). The deficiency here in dispute was properly computed in accordance with section 86, and petitioner does not contend otherwise. Instead, petitioner disputes the deficiency because it is based upon Social Security benefits that he is required to repay. According to petitioner, because of his obligation toPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011