Bonnie J. and Ernest R. Werts - Page 4

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               In the notice of deficiency, respondent determined that                
          $4,679 of the Social Security benefits received by petitioners              
          during 2000 represented gross income and determined a deficiency            
          in tax based upon the inclusion of that amount with the wage and            
          salary income petitioners reported.  No other adjustments were              
          proposed in the notice of deficiency.  At trial, the testimony of           
          petitioners indicated that they might be entitled to a dependency           
          exemption deduction for their son, who was disabled due to an               
          accident.  Rule 41(b)(1).  After the trial, respondent agreed               
          that petitioners would be allowed to produce evidence of the                
          support they provided for their son.  Thereafter, respondent                
          filed a report with the Court, conceding that petitioners were              
          entitled to a dependency exemption deduction for their son.                 
               With respect to the Social Security income at issue,                   
          petitioners contend that they have never reported their                     
          retirement benefits as income in prior years, nor have their                
          income tax returns ever been audited so as to require inclusion             
          of their benefits in income.  However, section 61(a) provides               
          that gross income includes all income from whatever source                  
          derived, unless excludable by a specific provision of the Code.             
          Moreover, section 86(a), for the year at issue, provides that, if           
          the modified adjusted gross income of the taxpayer, plus one-half           
          of the Social Security benefits received, exceeds the adjusted              
          base amount, gross income includes the lesser of (1) the sum of             





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