- 3 - 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 taxablePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011