William D. and Joyce M. Reimels - Page 4

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          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...)           





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