- 7 - State income tax refund of $355, which he did not report as income on his 1999 Federal income tax return. In controversy is whether petitioner’s refund of $355 is includable in his 1999 gross income. The “tax benefit rule” dictates that refunds of State and local taxes are includable in gross income in the year received to the extent they reduced the taxpayer’s income tax liability for the prior year. See Francisco v. Commissioner, 119 T.C. 317, 334 (2002); Kadunc v. Commissioner, T.C. Memo. 1997-92. Petitioner received an itemized deduction of $789 with respect to his State income tax, which reduced his 1998 Federal income tax liability. Therefore, pursuant to the “tax benefit rule” petitioner must include his $355 refund of 1998 State income tax in his 1999 gross income, and we so hold. In summary, we hold that the payments received by petitioner constitute income in respect of a decedent. Further, because petitioner did not receive a step-up in basis with respect to the payments, the full amounts of the payments are includable in petitioner’s 1999 gross income and are ordinary in character. Lastly, we hold that petitioner’s 1999 State income tax refund is includable in his 1999 gross income. To the extent not herein discussed, we have considered all other arguments made by the parties and conclude that they are moot or without merit. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011