Tony G. and Roberta A. Montgomery - Page 5

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          disability Social Security benefits petitioner received during              
          2001.  Petitioner’s position is that the disability Social                  
          Security benefits are not includable in his income because these            
          benefits are merely a continuance of the employer-sponsored                 
          insurance benefit and, since those latter benefits are not                  
          taxable, that exempt characteristic extends or carries over to              
          the disability Social Security benefits.  Petitioner did not                
          include these benefits as income on his 2001 Federal income tax             
          return.  Of the $41,685 in Social Security benefits he received             
          during 2001, respondent determined that $9,511 of these benefits,           
          pursuant to section 86(a), was includable in income.                        
               Prior to 1984, certain payments made in lieu of wages to an            
          employee who was retired by reason of permanent and total                   
          disability were excludable from the employee’s gross income under           
          section 105(d).  However, the Social Security Act Amendments of             
          1983, Pub. L. 98-21, sec. 122(b), 97 Stat. 87, repealed the                 
          limited exclusion of disability payments provided by section                
          105(d), effective with respect to taxable years beginning after             
          1983.  Since 1984, Social Security disability benefits have been            
          treated in the same manner as other Social Security benefits.               
          Sec. 86(d)(1).2  These benefits are subject to tax under the                

               2Sec. 86(d)(1) defines “Social Security benefit” as any                
          amount received by reason of entitlement to a monthly benefit               
          under title II of the Social Security Act, which includes                   
                                                             (continued...)           




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