Randy Gene and Kathie J. Shreve - Page 4

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          petitioner, respondent determined that petitioner’s disability              
          benefits were taxable.  Petitioners timely petitioned this Court.           


                                     Discussion                                       
               Petitioner contends that the disability benefits petitioner            
          received under a workmen’s compensation act are not taxable                 
          because they were not paid by the Social Security Administration.           
          We disagree.                                                                
               Gross income includes all income from whatever source                  
          derived unless excluded by a provision of the Internal Revenue              
          Code.  Sec. 61(a).  Section 86(a) provides that gross income                
          includes Social Security benefits in an amount equal to a                   
          prescribed formula.2  Social Security benefits mean any amount              
          received by a taxpayer by reason of entitlement to a monthly                
          benefit under title II of the Social Security Act.  Sec.                    
          86(d)(1)(A).  Title II of the Social Security Act provides for              
          disability benefits.  See 42 U.S.C. secs. 401-434 (2000).                   
               Prior to 1984, disability payments received by a taxpayer              
          who retired due to a permanent disability were excluded from                
          gross income pursuant to section 105(d).  The Social Security               
          Amendments of 1983, Pub. L. 98-21, sec. 122(b), 97 Stat. 87,                
          repealed section 105(d) and the limited exclusion of disability             


               2Petitioners have not challenged the formula provided in               
          sec. 86(a).                                                                 





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