- 4 - Memo. 2001-120; Maki v. Commissioner, T.C. Memo. 1996-209. In the present case, the application of that formula results in the inclusion of benefits of $18,408 (i.e., 85 percent of $21,656) in petitioners’ gross income for 2001. Petitioners point out that a significant portion of the Social Security benefits received by Mrs. Davis in 2001 was attributable to 1999 and 2000. Petitioners contend that it would be unfair to determine the taxable portion of the lump-sum payment without regard to the prior years to which the payment is attributable. Therefore, petitioners argue, they should be entitled to amend their returns for 1999, 2000, and 2001 and include in gross income for each of those years the amount of benefits attributable to each of those years, and recompute their tax liabilities for each of those years accordingly. We disagree with petitioners’ approach because it is contrary to law. Under income tax accounting principles, an item of gross income must be included in income for the taxable year that it is received by the taxpayer unless, under the taxpayer's method of accounting, the amount is to be properly accounted for in a different period. Sec. 451(a). For taxpayers such as petitioners who use the cash receipts and disbursements method of accounting, an item is includable in gross income when it is actually or constructively received. Sec. 1.451-1(a), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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