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Respondent determined a deficiency in petitioner's Federal
income tax for 1999 of $3,780 and an accuracy-related penalty
under section 6662(a) of $756. The issues for decision are:
(1) Whether any portion of the Social Security benefits
petitioner received during 1999 is includable in her gross
income; and (2) whether petitioner is liable for a section
6662(a) accuracy-related penalty as determined by respondent.
Some of the facts have been stipulated and are so found.
The stipulation of facts and the accompanying exhibits are
incorporated herein by reference. At the time the petition was
filed, petitioner resided in Natick, Massachusetts.
Petitioner reported wages of $54,726 for 1999. Respondent
issued a notice of deficiency determining that petitioner failed
to report Social Security benefits received in 1999. The Social
Security Administration (SSA) informed the Commissioner that it
had distributed $15,955 in benefits to petitioner in 1999.
The SSA has informed petitioner that she has received a
total overpayment of $36,982.30 in Social Security benefits.
This amount is presently being disputed by petitioner. She does
not object to repaying the benefits if the SSA determines that
she received an overpayment or paying the taxes if there is
determined not to be an overpayment. Petitioner argues, however,
that she should not have to pay both.
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