Gerald R. Grace - Page 3




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               Respondent determined a deficiency in petitioner’s Federal             
          income tax of $725 for the taxable year 1997.                               
               The issue for decision is whether certain workers’                     
          compensation benefits received by petitioner’s wife in lieu of              
          Social Security disability benefits are includable in                       
          petitioner’s gross income.1                                                 
               Some of the facts have been stipulated and are so found.               
          The stipulations of fact and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner resided in               
          Canisteo, New York, on the date the petition was filed in this              
          case.                                                                       
               There is no factual dispute in this case.  Petitioner and              
          his wife, Janice R. Grace, filed a joint Federal income tax                 
          return for taxable year 1997.  During 1997, Mrs. Grace received             
          Social Security benefits of $4,296 and workers’ compensation                
          benefits of $2,955.60.  The amount of the Social Security                   
          benefits Mrs. Grace received was reduced by the amount of                   
          workers’ compensation benefits she received.  Petitioner and Mrs.           
          Grace reported on their return the amount they had received as              
          Social Security benefits, but did not report any portion of the             
          amount that they had received as workers’ compensation benefits.            
          In the statutory notice of deficiency, respondent increased the             



          1Petitioner does not dispute respondent’s determination that                
          he received $94 in unreported interest income.                              




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