Mitchell Wayne Andrew and Nancy Rae Patten - Page 4

                                        - 3 -                                         
          2000, the Social Security disability benefits are attributable to           
          1996, 1997, 1998, 1999, and 2000.                                           
               Petitioners’ self-prepared 2000 return was filed September             
          20, 2001.  Taking into account an extension to file, that return            
          was due on or before August 30, 2001.1  The income reported on              
          petitioners’ 2000 return does not take into account the Social              
          Security disability benefits petitioner received that year.                 
               In the notice of deficiency, respondent determined that 85             
          percent of the Social Security disability benefits ($42,844)                
          petitioner received during 2000 is includable in their income for           
          that year and imposed a section 6651(a)(1) addition to tax for              
          their failure to file a timely Federal tax return.  Other                   
          adjustments in the notice of deficiency are not in dispute and              
          need not be addressed.                                                      
          Discussion                                                                  
               Section 61(a) provides that, except as otherwise provided by           
          law, gross income includes all income from whatever source                  
          derived.  Relevant for our purposes, section 86(a) provides that            
          if the taxpayer’s modified adjusted gross income2 plus one-half             
          of the Social Security benefits received by the taxpayer exceeds            

               1  The parties stipulated the Aug. 30, 2001, date.                     
               2   In this case, ignoring adjustments not relevant here,              
          petitioners’ modified adjusted gross income equals their adjusted           
          gross income.  See sec. 86(b)(2).                                           






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011