- 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