Anthony M. and Sandra L. Flores - Page 7

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          the Federal tax treatment of Social Security benefits that are              
          received by various taxpayers who may or may not be eligible to             
          receive workers’ compensation benefits.                                     
               We acknowledge that Mrs. Flores applied for Social Security            
          benefits only because she was obliged to do so under the terms of           
          her long-term disability policy.  We also acknowledge that if               
          Mrs. Flores had not been so obliged, and if she had not actually            
          applied for Social Security benefits, then her workers’                     
          compensation benefits would not have been subject to Federal                
          income tax.  See sec. 104(a)(1).  Under the circumstances, we can           
          appreciate petitioners’ dismay.  Nevertheless, as the Supreme               
          Court of the United States has instructed, we are dutybound to              
          apply the law as written by the Congress to the facts as they               
          occurred and not as they might have occurred.  See Commissioner             
          v. Natl. Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 148-149           
          (1974).                                                                     
               In view of the foregoing, we hold for respondent on the                
          legal issue presented.4                                                     
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   





               4  We also note that respondent’s application of sec. 86 is            
          mathematically correct.                                                     





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