Vernon J. Nicholas, III, and Micki Nicholas - Page 5




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          income when the sum of the recipient’s modified adjusted gross              
          income plus one-half of the Social Security benefits exceeds                
          certain threshold amounts.  In the case of a joint return, when             
          this sum exceeds $32,000, the lesser of such excess or 50 percent           
          of the Social Security benefits received during the taxable year            
          must be included in gross income.  Sec. 86(a)(1), (c)(1)(B).                
          When this sum exceeds $44,000 in the case of a joint return, up             
          to 85 percent of the Social Security benefits received during the           
          taxable year must be included in gross income.  Sec. 86(a)(2),              
          (c)(2)(B).  Under section 86, modified adjusted gross income in             
          general equals adjusted gross income with adjustments not                   
          relevant here.  Sec. 86(b)(2).                                              
               Social Security benefits are included in the recipient’s               
          gross income in the taxable year in which the benefits are                  
          received.  Sec. 86(a)(1).  An election may be made by taxpayers             
          who receive lump-sum payments of Social Security benefits during            
          the taxable year in which a portion of the benefits is                      
          attributable to previous taxable years.  Sec. 86(e).  Section               
          86(e) provides that, if the election is made, the amount included           
          in gross income for the taxable year of receipt must not exceed             
          the sum of the increases in gross income for those previous                 
          taxable years that would result from taking into account the                
          portion of the benefits attributable to the previous taxable                
          years.  Accordingly, if no election is made by the taxpayer under           






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