- 3 - Section 61(a) provides that, except as otherwise provided by law, gross income includes all income from whatever source derived. Section 86(a)(1) generally requires the inclusion of Social Security benefits in gross income. Section 86 specifically provides the taxpayer with a formula to determine what percentage of her Social Security benefits are includable in gross income. Because petitioner had modified adjusted-gross income plus one-half of the Social Security benefits received in excess of $34,000, section 86(a)(2) controls the determination of the amount of her Social Security benefits that are includable in gross income. Section 86(a)(2)(B) applies to this case. Section 86(a)(2)(B) provides that the amount of Social Security benefits included in gross income here is "85 percent of the social security benefits received during the taxable year." 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). Petitioner admits receiving Social Security benefits in 1999. If petitioner is required to repay the Social Security benefits, she may be entitled to a deduction in the year of repayment. N. Am. Oil Consol. Co. v. Burnett, 286 U.S. 417, 424 (1932). If the deduction fails to make petitioner whole because the applicable tax rate was higher in the year of recognition than it was in the year of return, section 1341 may apply. See United States v. Skelly Oil Co., 394 U.S. 678, 681Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011