- 4 - 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 L. 98-21, sec. 122(b), 97 Stat. 87, repealed the limited exclusion of disability payments provided by section 105(d), effective with respect to taxable years beginning after 1983.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...)Page: Previous 1 2 3 4 5 6 7 Next
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