- 15 - taxpayer’s Social Security benefits exceeds a certain base amount or an adjusted base amount, then a portion of the taxpayer’s Social Security benefits is includable in gross income and subject to Federal income tax. Sec. 86(a) through (d). The includable portion, never exceeding 85 percent, varies according to a formula set forth in section 86(a). As relevant in the present case for a joint return, the base amount is $32,000 and the adjusted base amount is $44,000. Sec. 86(c)(1)(B) and (2)(B). Petitioner contends that the payments he received from the Social Security Administration were nontaxable disability benefits. On the other hand, respondent contends in the notice of deficiency that “We have no indication that the $14,676 was disability income from Social Security.” We, however, need not decide whether petitioner’s Social Security payments are properly characterized as disability benefits.17 Assuming arguendo that petitioner in fact received Social Security disability benefits, our analysis of whether such payments are includable in petitioner’s gross income remains unchanged. As stated above, Social Security disability benefits are treated the same as other Social Security benefits. Sec. 86(d)(1); Thomas v. Commissioner, 17 Our decision on this issue does not depend on which party has the burden of proof. We note in passing, however, that petitioner does not argue that sec. 7491(a) places the burden of proof on the Commissioner here.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011