- 4 - compensation for personal injuries or sickness” generally are not included in gross income. Sec. 104(a)(1). Petitioners contend that the Social Security disability benefits constitute workmen’s compensation within the meaning of section 104(a). We have previously held, however, that Social Security disability benefits are not workmen’s compensation. Green v. Commissioner, supra. A statute is in the nature of a workmen’s compensation act if it allows disability payments solely for service-related personal injury or sickness. Haar v. Commissioner, 78 T.C. 864, 868 (1982), affd. 709 F.2d 1206 (8th Cir. 1983); Byrne v. Commissioner, T.C. Memo. 2002-319. The Social Security Act does not qualify because it allows for disability payments regardless of whether the individual was injured in the course of employment. See 42 U.S.C. sec. 423(d)(1)(A)(2000); Green v. Commissioner, supra. Accordingly, the Social Security benefits that petitioner received are includable in gross income as provided by section 86. Section 86 taxes Social Security benefits pursuant to a formula. Married taxpayers filing a joint return whose modified adjusted gross income plus one-half of their Social Security benefits exceeds an “adjusted base amount” of $44,000 must include up to a maximum of 85 percent of their Social Security benefits in gross income. Mikalonis v. Commissioner, T.C. Memo.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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