T.C. Memo. 2005-5
UNITED STATES TAX COURT
THOMAS G. WRIGHT AND ESTATE OF ROSEMARY K. WRIGHT, DECEASED,
THOMAS G. WRIGHT, PERSONAL REPRESENTATIVE, Petitioners v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 9988-03. Filed January 13, 2005.
Ps excluded a portion of H’s disability benefits
from gross income for the 1999 and 2000 taxable years.
R determined that Ps were required to include in gross
income an additional portion of H’s benefits.
Held: Ps are not entitled under sec. 105,
104(a)(3), or 72, I.R.C., to exclude from gross income
disability retirement benefits in an amount greater
than permitted by R.
Held, further, R is not precluded from making
adjustments to Ps’ gross income by reason of R’s
decision not to adjust prior years’ income.
James R. Cooper, for petitioners.
Richard J. Hassebrock, for respondent.
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