Thomas Wayne and Rosalie Geraldine Keene - Page 3

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               Respondent determined a deficiency in petitioners’ Federal             
          income tax of $1,995 for their 2003 taxable year.  The issue we             
          decide is whether certain disability benefits received by                   
          petitioner Thomas Wayne Keene (petitioner) as workers’                      
          compensation are includable in gross income pursuant to section             
          86(a).                                                                      
                                     Background                                       
               Some of the facts and certain exhibits have been stipulated.           
          The parties’ stipulations of fact are incorporated in this                  
          opinion by reference and are found as facts in the instant case.            
          At the time of filing the petition in the instant case,                     
          petitioners resided in Warner Robins, Georgia.                              
               During 2003, petitioner received disability benefits from              
          the U.S. Department of Labor (DOL), Office of Workers’                      
          Compensation Programs, for a back injury that petitioner suffered           
          on February 23, 1994.  During 2003, petitioner also received                
          Social Security disability benefits from the Social Security                
          Administration (SSA).  According to the SSA, petitioner’s primary           
          disability is “discogenic/degenerative disorder of the back” and            
          his secondary disability is “diabetes mellitus”.                            
               The SSA reported to the Internal Revenue Service that                  
          petitioner had received “Net Benefits for 2003" totaling $12,019,           
          of which $9,706 was paid by DOL as workers’ compensation                    
          benefits.  On the basis of a letter from the SSA, petitioner                






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