- 4 - disability insurance benefits as well as the disability compensation that he received from the Veterans’ Administration. By notice of deficiency, respondent determined that Mr. Reimels’s Social Security disability insurance benefits were includable in petitioners’ gross income to the extent provided in section 86. Discussion I. Inclusion of Social Security Benefits in Gross Income Before 1983, Social Security benefits were excluded from the recipient’s gross income. See, e.g., Rev. Rul. 70-217, 1970-1 C.B. 13. This longstanding practice ended with the enactment of section 86 as part of the Social Security Amendments of 1983, Pub. L. 98-21, sec. 121(a), 97 Stat. 80. The legislative history indicates that Congress made this change to shore up the solvency of the Social Security trust funds and to treat “more nearly equally all forms of retirement and other income that are designed to replace lost wages”. S. Rept. 98-23, at 25 (1983), 1983-2 C.B. 326, 328. Section 86 requires the inclusion in gross income of up to 85 percent of Social Security benefits received, including Social Security disability insurance benefits.4 See, e.g., Joseph v. 4 Sec. 86(d)(1)(A) defines Social Security benefits to include any amount received by reason of entitlement to a monthly benefit under tit. II of the Social Security Act, 42 U.S.C. secs. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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