Dovid and Marcia L. Goldfarb - Page 8

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          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, 98            






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