- 5 - his excess earnings during 1998, he should not be required to include in income the net benefits paid to him during 1998. The Court rejects petitioner's argument. Section 86(d)(2)(A) provides: (2) Adjustment for repayments during year.-- (A) In general.–-For purposes of this section, the amount of social security benefits received during any taxable year shall be 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). Thus, it is evident from section 86(d)(2)(A) that a taxpayer is allowed a reduction, for tax purposes, of any repayment of benefits made during the taxable year; however, there is no provision in the statute that allows an additional reduction for excess benefits paid that year due to the taxpayer's excess earnings that year. Petitioner's employment earnings during 1998 were not known until the close of that year and only then could it be determined whether those earnings constituted excess earnings that would cause an overpayment of Social Security benefits. It is well settled that income is taxable when it has been actually or constructively received. Poczatek v. Commissioner, 71 T.C. 371, 376 (1978) (citing N. Am. Oil Consol. Co. v. Burnet, 286 U.S. 417 (1932)). Petitioner actually received $10,192 in Social Security benefits during 1998. ThatPage: Previous 1 2 3 4 5 6 7 Next
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