Jack Carson Coleman - Page 7

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          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.                               





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