Theodore Major Green and Jacqueline Green - Page 6

                                        - 6 -                                         
          Summary Judgment                                                            
               When no material fact remains at issue, we may grant summary           
          judgment as a matter of law.  Rule 121(b); Fla. Country Clubs,              
          Inc. v. Commissioner, 122 T.C. 73, 75-76 (2004), affd. on other             
          grounds 404 F.3d 1291 (11th Cir. 2005).  Because of the parties’            
          admissions and deemed admissions as to material facts, no                   
          material fact remains at issue.                                             

          Social Security Benefits                                                    
               Generally, taxpayers who file a joint return and receive               
          Social Security benefits and whose modified adjusted gross income           
          plus half of Social Security benefits received in a year exceeds            
          $32,000 are to include in taxable income a portion of the Social            
          Security benefits received in a year.  Sec. 86(a), (b), and                 
               Generally, Social Security disability benefits are taxed in            
          the same manner as Social Security benefits.  Sec. 86(d)(1);                
          Joseph v. Commissioner, T.C. Memo. 2003-19.                                 
               Benefits received under a workmen’s compensation statute or            
          other statute authorizing benefits in the nature of workmen’s               
          compensation may not be included in income.  See sec. 104(a)(1);            
          McDowell v. Commissioner, T.C. Memo. 1997-500.                              
               A statute providing for payment of benefits that are not               
          related to an injury incurred in the course of employment is not            

Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 10, 2007