Daye Calvert - Page 4

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          due to marital discord, and they were separated during the year             
          at issue solely because of his employment.                                  
               During the year 2002, petitioner received $11,299 in Social            
          Security benefits.  For that year, petitioner filed a Federal               
          income tax return with the filing status of married, filing                 
          separately.  He reported the $11,299 in Social Security benefits            
          on his return, and, based on his computation on a Social Security           
          benefits worksheet, he calculated that $9,604 of the $11,299                
          constituted the taxable portion of his Social Security benefits.            
          However, petitioner relied upon the language on line 9 of the               
          worksheet, which states:  “But if you are married filing                    
          separately and you lived apart from your spouse for all of 2002,            
          enter -0- on line 20b.  Be sure you entered ‘D’ to the right of             
          the word ‘benefits’ on line 20a.”  Because petitioner lived at              
          Reno, Nevada, the entire year (except for periodic visits to his            
          wife), and since he was filing his return separately, he,                   
          accordingly, did not enter any amount as income on line 20b of              
          his return.  However, he entered the $11,299 on line 20a and                
          entered the letter “D” pursuant to the directions of the Social             
          Security benefits worksheet.  Petitioner claims, therefore, that            
          no portion of his Social Security benefits is taxable.  He claims           
          that he lived apart from his wife for the year 2002.  In the                
          notice of deficiency, respondent determined that the taxable                







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