Wilson D. Watson - Page 16




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               B.  2001 and 2002                                                      
                    1.  2001                                                          
               As will become apparent, it is important to keep in mind               
          that respondent concedes two of the four proposed income                    
          inclusions for 2001:  (1) cancellation of indebtedness income in            
          the sum of $169,302, because the debt had not been discharged by            
          the creditor, and (2) $57 of dividend income relating to stock              
          that belonged to petitioner’s ex-wife.  See supra note 5.                   
          Respondent’s remaining proposed inclusions in petitioner’s income           
          for 2001 are (1) the retirement distribution of $3,342.12 from              
          Mobil Pension Trust (which was reported by petitioner on the 2001           
          Form 1040) and (2) Social Security benefits of $17,578.                     
               In arguing that petitioner “realized taxable income in 2001            
          in the amount of $17,578” from Social Security benefits,                    
          respondent has apparently overlooked the impact of his                      
          concessions for 2001 upon the computation of includable Social              
          Security benefits under section 86.  Pursuant to section                    
          86(a)(1)(B), (b), and (c)(1)(A), petitioner is taxable on no more           
          than the excess of the sum of his modified adjusted gross income            
          (not including his Social Security benefits) plus one-half of his           
          2001 Social Security benefits over $25,000 (petitioner’s “base              
          amount” under section 86(c)(1)(A)).  Petitioner and respondent              
          agree that his only item of gross income, other than his Social             
          Security benefits (assumed, for this purpose, to be $17,616 (see            







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