Mona L. Purcell - Page 4




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               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, 681              






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