James W. Davis and Teri A. Davis - Page 4

                                        - 3 -                                         
               Paid by check or direct deposit          $17,393                       
               Medicare premiums deducted from benefits     100                       
               Worker’s compensation offset                 163                       
               Attorney fees * * *                        4,000                       
               Benefits for 2001                        $21,656                       

               The description of the “benefits for 2001” also included a             
          statement that the $21,656 amount included $8,868 paid in 2001              
          for 2000 and $3,610 paid in 2001 for 1999.2                                 
               Petitioners timely filed a Federal income tax return for               
          2001.  On line 7 of their return, petitioners reported                      
          compensation received by petitioner James W. Davis (Mr. Davis) in           
          the amount of $52,013.  In contrast, on line 20a of their return,           
          petitioners did not report any Social Security benefits, nor did            
          they report any taxable amount thereof on line 20b.                         
               Petitioners did not itemize deductions on their 2001 return,           
          but claimed the standard deduction.                                         
               In the notice of deficiency, respondent determined that 85             
          percent, or $18,408, of the Social Security benefits of $21,656,            
          received by Mrs. Davis in 2001, was includable in petitioners’              
          gross income for that year.                                                 
                                     Discussion                                       
               Social Security benefits, including Social Security                    
          disability benefits, are includable in gross income pursuant to a           
          statutory formula.  See sec. 86(a); Thomas v. Commissioner, T.C.            


               2  Necessarily, therefore, the balance of the benefits                 
          (i.e., $9,178) was paid for 2001.                                           




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