- 7 - base amount despite being able to exclude her spouse’s income from AGI. Application of this theory would cause inconsistent results. Rather, we conclude section 86 provides a greater adjusted base amount in the case of a joint return because tax is computed on the married individuals’ aggregate income. See sec. 6013(d)(3); see also Anderson v. Commissioner, 77 T.C. 1271, 1272 (1981) (holding that the phrase “every person” in section 56(a) (as in effect for 1976) “refers to all persons (singularly or plural)”); Boehm v. Commissioner, supra. We conclude that in the case of a joint return, modified adjusted gross income under section 86 includes the income of each spouse. Respondent’s determination is therefore sustained. 2. Estoppel Petitioner has received Social Security benefits for a number of years. Petitioners contend that on their joint 2000, 2001, and 2002 returns they did not report the Social Security benefits as income. Petitioners further contend that respondent examined those returns but eventually determined that the benefits were not taxable. Petitioners therefore believe that respondent should be estopped from including the benefits in their gross income for subsequent years. Equitable estoppel is a judicial doctrine that precludes a party from denying his own acts or representations that induced another to act to his detriment. Hofstetter v. Commissioner, 98Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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