- 4 - Discussion3 As previously stated, the issue before the Court is whether certain worker’s compensation benefits petitioner received in lieu of Social Security disability benefits are includable in petitioners’ gross income for taxable year 2001 under section 86. Petitioners maintain that since petitioner did not receive an actual payment from the Social Security Administration during 2001 because of the offset of workmen’s compensation benefits received in that year, it is unfair to include the offset amount in their 2001 income. Respondent maintains that although petitioners did not receive an actual payment from the Social Security Administration during 2001, they must nevertheless include the offset amount in their 2001 income under section 86(d)(3). Gross income includes “all income from whatever source derived” unless specifically excluded. Sec. 61(a). Generally, gross income does not include “amounts received under workmen’s compensation acts as compensation for personal injuries or sickness”. Sec. 104(a)(1). Social Security benefits, however, are included in gross income as provided by section 86. 3We decide the issue in this case without regard to the burden of proof. Accordingly, we need not decide whether the general rule of sec. 7491(a)(1) is applicable in this case. See Higbee v. Commissioner, 116 T.C. 438 (2001).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011