§22 — Credit for the elderly and the permanently and totally disabled
388 citing cases
Statute Text — 26 U.S.C. §22
In the case of a qualified individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 15 percent of such individual’s section 22 amount for such taxable year.
For purposes of this section, the term “qualified individual” means any individual—
who has attained age 65 before the close of the taxable year, or
who retired on disability before the close of the taxable year and who, when he retired, was permanently and totally disabled.
For purposes of subsection (a)—
An individual’s section 22 amount for the taxable year shall be the applicable initial amount determined under paragraph (2), reduced as provided in paragraph (3) and in subsection (d).
Except as provided in subparagraph (B), the initial amount shall be—
$5,000 in the case of a single individual, or a joint return where only one spouse is a qualified individual,
$7,500 in the case of a joint return where both spouses are qualified individuals, or
$3,750 in the case of a married individual filing a separate return.
In the case of a qualified individual who has not attained age 65 before the close of the taxable year, except as provided in clause (ii), the initial amount shall not exceed the disability income for the taxable year.
In the case of a joint return where both spouses are qualified individuals and at least one spouse has not attained age 65 before the close of the taxable year—
if both spouses have not attained age 65 before the close of the taxable year, the initial amount shall not exceed the sum of such spouses’ disability income, or
if one spouse has attained age 65 before the close of the taxable year, the initial amount shall not exceed the sum of $5,000 plus the disability income for the taxable year of the spouse who has not attained age 65 before the close of the taxable year.
For purposes of this subparagraph, the term “disability income” means the aggregate amount includable in the gross income of the individual for the taxable year under section 72 or 105(a) to the extent such amount constitutes wages (or payments in lieu of wages) for the period during which the individual is absent from work on account of permanent and total disability.
The reduction under this paragraph is an amount equal to the sum of the amounts received by the individual (or, in the case of a joint return, by either spouse) as a pension or annuity or as a disability benefit—
which is excluded from gross income and payable under—
title II of the Social Security Act,
the Railroad Retirement Act of 1974, or
a law administered by the Department of Veterans Affairs, or
which is excluded from gross income under any provision of law not contained in this title.
No reduction shall be made under clause (i)(III) for any amount described in section 104(a)(4).
For purposes of subparagraph (A), any amount treated as a social security benefit under section 86(d)(3) shall be treated as a disability benefit received under title II of the Social Security Act.
If the adjusted gross income of the taxpayer exceeds—
$7,500 in the case of a single individual,
$10,000 in the case of a joint return, or
$5,000 in the case of a married individual filing a separate return,
the section 22 amount shall be reduced by one-half of the excess of the adjusted gross income over $7,500, $10,000, or $5,000, as the case may be.
For purposes of this section—
Except in the case of a husband and wife who live apart at all times during the taxable year, if the taxpayer is married at the close of the taxable year, the credit provided by this section shall be allowed only if the taxpayer and his spouse file a joint return for the taxable year.
Marital status shall be determined under section 7703.
An individual is permanently and totally disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. An individual shall not be considered to be permanently and totally disabled unless he furnishes proof of the existence thereof in such form and manner, and at such times, as the Secretary may require.
No credit shall be allowed under this section to any nonresident alien.
388 Citing Cases
Tuma’s disability argument appeared to take instead the form of a request for a section 22 disability credit with respect to Mrs.
Section 1256(a)(1) provides that “each section 1256 contract held by the taxpayer .
at 468–69 (applying section 22 of the Revenue Act of 1932, ch.
112, 114 (1940) (section 22 of the Revenue Act of 1934, 48 Stat.
The Kelleys point out that the Classification Act of 1923 was still in effect when the Revenue Act of 1938 was enacted and that section 22 of the latter defined “gross income” to “include[] gains, profits, and income derived from salaries, wages, or compensation.” The Kelleys evidently believe that Congress must have intended “compensation” to bear the same definition in the Revenue Act of 1938 as it bore in the Classification Act of 1923 and that that definition was carrie
472 U.S. 713, 722 (1985). And it is a "universal" conflicts oflaws principle that "the law ofthe place where it is situated * * * governs all matters -28- [*28] concerning the title and disposition ofreal property". 16 Am. Jur. 2d, Conflict ofLaws, sec. 22 (2009). The District Court for the Southern District ofNew York acknowledged in Nassar Family Irrevocable Tr. v. United States, No. 13 Civ. 5680 (ER), 2016 WL 5793737, at *8 (S.D.N.Y. Sept. 30, 2016), affd sub nom. United States v. Nassar, 699
22-55, which is "free and clear from all previous titles and claims ofevery kind and character", see Killion v. Meeks, 777 N.E.2d 1007, 1011 (Ill. App. Ct. 2002); Gen. Iron Indus., Inc. v. A. Finkl & Sons Co., 686 N.E.2d 1, 6 (Ill. App. Ct. 1997). Tax deeds are "virtually incontestable", see S.I. Secs. v. Powless, 934 N.E.2d 1, 3 (Ill. App. Ct
22-55, which is "free and clear from all previous titles and claims ofevery kind and character", see Killion v. Meeks, 777 N.E.2d 1007, 1011 (Ill. App. Ct. 2002); Gen. Iron Indus., Inc. v. A. Finkl & Sons Co., 686 N.E.2d 1, 6 (Ill. App. Ct. 1997). Tax deeds are "virtually incontestable", see S.I. Secs. v. Powless, 934 N.E.2d 1, 3 (Ill. App. Ct
22-55, which is "free and clear from all previous titles and claims ofevery kind and character", see Killion v. Meeks, 777 N.E.2d 1007, 1011 (Ill. App. Ct. 2002); Gen. Iron Indus., Inc. v. A. Finkl & Sons Co., 686 N.E.2d 1, 6 (Ill. App. Ct. 1997). Tax deeds are "virtually incontestable", see S.I. Secs. v. Powless, 934 N.E.2d 1, 3 (Ill. App. Ct
e imposed penalties on disallowed credits against the tax under many provisions.1° In doing so, we necessarily reduced the amount shown as tax by the 9See sec. 21 (expenses for household and dependent care services necessary for gainful employment); sec. 22 (credit for the elderly and the permanently and totally disabled); sec. 23 (adoption expenses); sec. 24 (child tax credit); sec. 25 (interest on certain home mortgages); sec. 25A (hope and lifetime learning credits); sec. 25B (elective deferr
ame form before the 1989 amendments that removed the express cross-reference from the definition of an underpayment to the definition of a deficiency. See sec. 21 (expenses for household and dependent care services necessary for gainful employment); sec. 22 (credit for the elderly and the permanently and totally disabled); sec. 23 (adoption expenses); sec. 24 (child tax credit); sec. 25 (interest on certain home mortgages); sec. 25A (hope and lifetime learning credits); sec. 25B (elective deferr
ds, proceeds from a sale in lieu ofcondemnation, and proceeds from the sale, financing or exchange by * * * [petitioner] ofany portion ofthe Premises after the extinguishment, but shall specifically exclude any preferential claim ofa Mortgagee under Section 22. [Emphasis added.] Section 22 ofthe agreement, captioned "Subordination ofMortgages", provides in pertinent part: [Petitioner] and * * * [LPCI] agree that all mortgages and rights in the Premises ofall mortgagees and holders ofother liens
One commentator has suggested that the in-kind exclusion grew out of "the general respect held by Congress and the public for churches," as well as (continued...) - 8 - identical provision appeared in, inter alia, section 22 (b) (8) of the Revenue Act of 1928, ch.
transfers of QTIP because of the general rule of statutory construction that “Amendments by implication * * * are not favored.” United States v. Welden, 377 U.S. 95, 103 n.12 (1964); see also 1A Singer & Singer, Statutes and Statutory Construction, sec. 22:13, at 292-293 (7th ed. 2009). Moreover, H. Rept. 97-201, supra at 160, 1981-2 C.B. at 378, which is similar to the General Explanation, does not indicate congressional intent to absolve the surviving spouse of all cascading consequences of t
Section 22In 1986 , Congress added sec . 56(a (4) and (d) to the Code . Tax Reform Act of 1986 , Pub . L. 99-514, sec . 701 (a), 100 Stat . 2323, 2325-2326 . Sec . 56(a)(4) allows deduction for a net operating loss .for AMT purposes . Sec . 6(d) defines the term "alternative tax net operating loss ded ction" as the "net operating loss deduction all
so holding, the Supre under section 22 (b) (3 of the Revenue Act of 1938 and section 22(b)(3) of the 1939 ode unless the facts established that the transferor intended t make a gift .
legislative history of 38 U.S.C. 5(...continued) enlarged to include all allotments and family allowances, compensation, and insurance payable under the Act. See Act of June 25, 1918, ch. 104, sec. 2, 40 Stat. 609. That exemption subsequently became sec. 22 of the World War Veterans’ Act, 1924, ch. 320, 43 Stat. 607, 613, which consolidated several different veterans’ benefits laws into a single statute. Ch. 320, sec. 22, 43 Stat. 613, however, was repealed in 1935, and in its place Congress ena
Subject to the provisions of Section 22 of this Agreement, the Company shall be dissolved and its affairs wound up upon the first to occur of the following: a.
The amendment provided in Section 22(k): As the affairs of the partnership are wound up and its debts paid and other obligations, including obligations to partners, discharged or provided for and the partners’ capital including voluntary capital and interest * * * has been returned to them, any net balance remaining in the hands of the liquidating partners shall be distribu
Subject to the provisions of Section 22 of this Agreement, the Company shall be dissolved and its affairs wound up upon the first to occur of the following: a.
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act,of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court's jurisdiction in partnership level proceedings to include the applicability of "any penalty, addition to tax, or additional amount" related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This am
In Reise we thereupon overruled Aaron and reaffirmed the position we took in Polk that the interest on the tax underpayment was attributable to the taxpayer’s trade or business.
1948) , we concluded that "'Gross income' has a wel L established meaning in the revenue laws, denoting statutor 33ross income as defined by section 22 [of the Revenue Act of 193 predecessor of present sec.
Our resolution of these issues will determine the computational issue of whether petitioner is entitled to credit for the elderly or disabled under section 22 in 1992 or 1993.
22-4.1-2-2 (Michie 1997). The Department of Employment and Training Services included an unemployment insurance board and an unemployment insurance review board. See id. at sec. 22-4.1-2- 2(1). - 44 - signed on January 3, 199729 (Ms. Beamon’s request for inspection and wage information form). Sandbar Wholesale Trust was identi- fied as the em
established meaning in the revenue laws, denoting statutory ross income as defined by section 22 [of the Revenue Act of 1938, predecessor of present sec.
1948), we concluded that ‘“Gross income’ has a well-established meaning in the revenue laws, denoting statutory gross income as defined by section 22 [of the Revenue Act of 1938, predecessor of present sec.
Accordingly, we hold that the State nonresident income taxes paid by petitioners are not deductible for the 3Following the enactment of sec.
21), ignore that O’Brien and its antecedents and descendants were construing statutory spreadback provisions, not applying the assignment of income doctrine under section 22 of the 1939 Code, section 61 of the 1954 or 1986 Code, or the 16th Amendment.
Section 22.1 of the agreement, see supra section III.A.2, requires a prospective partner to execute the agreement “and such other instrument or instruments * * * as the General Partners shall determine” in order to become a signatory to the agreement. Moreover, the second sentence of section 22.1 states: “By so signing, each [new partner] shall be
Section 22.1 of the agreement, see supra section III.A.2, requires a prospective partner to execute the agreement “and such other instrument or instruments * * * as the General Partners shall determine” in order to become a signatory to the agreement. Moreover, the second sentence of section 22.1 states: “By so signing, each [new partner] shall be
Section 22.1 of the agreement, see supra section III.A.2, requires a prospective partner to execute the agreement “and such other instrument or instruments * * * as the General Partners shall determine” in order to become a signatory to the agreement. Moreover, the second sentence of section 22.1 states: “By so signing, each [new partner] shall be
to” property held for the production of royalties and are, therefore, deductible in computing adjusted gross income. We disagree. The concept of adjusted gross income was first incorporated by Congress into the 1939 Code by adding subsection (n) to section 22, I.R.C. 1939, in the Individual Income Tax Act of 1944, ch. 210, sec. 8(a), 58 Stat. 231, 235. See S. Rept. 885, 78th Cong., 2d Sess. 24-25 (1944), 1944 C.B. 858, 877. The legislative history to section 22(n), I.R.C. 1939, states: The prop
Section 22.1 of the agreement, see supra section III.A.2, requires a prospective partner to execute the agreement “and such other instrument or instruments * * * as the General Partners shall determine” in order to become a signatory to the agreement. Moreover, the second sentence of section 22.1 states: “By so signing, each [new partner] shall be
orations that makes a consolidated return.22 In the absence of consolidated return regulations governing a particular point, this Court shall look to the Code or other law. See, e.g., Wegman's Properties, Inc., & Subs. v. Commissioner, supra at 790; sec. 22 On Mar. 19, 1970, the Internal Revenue Service (the IRS) issued Technical Information Release No. 1032, which stated, in part, as follows: The Internal Revenue Service today announced that amendments will be made to the regulations to reflect
orations that makes a consolidated return.22 In the absence of consolidated return regulations governing a particular point, this Court shall look to the Code or other law. See, e.g., Wegman's Properties, Inc., & Subs. v. Commissioner, supra at 790; sec. 22 On Mar. 19, 1970, the Internal Revenue Service (the IRS) issued Technical Information Release No. 1032, which stated, in part, as follows: The Internal Revenue Service today announced that amendments will be made to the regulations to reflect
for the additions to tax under sec. 6651(a) due to petitioner's reliance on the erroneous advice of the U.S. Office of Personnel Management, discussed infra; (2) petitioner is entitled to credits for the permanently and totally disabled pursuant to sec. 22 in the amounts of $472 and $463, respectively; and (3) if the FERS disability retirement annuity is not subject to Federal income tax, petitioner was not required to file Federal income tax returns. Petitioner concedes that the interest and d
We reaffirmed the reasoning of Standing and Polk and, finding the factual situation indistinguishable from those cases, held the deficiency interest deductible as a business expense in determining the amount of a net operating loss carryover. Again, our reasoning was adopted by the Court of Appeals. To complete our analysis of the pre-section 163(h) situation, we note that because of explicit legislative history The standard adopted by Aaron v. Commissioner, 22 T.C.
unt equal to the lesser of : (1) one-half of the Social Security benefits received during the year, or (2) one-half of the excess over certain base amounts. The base amount for the year in issue for a joint return is $32,000. Sec. 86(c)(2). 4 Under sec. 22, an individual who is retired on account of permanent and total disability is allowed a credit equal to 15 percent of the individual's "section 22 amount" for the taxable year. Based on petitioners' level of income, they do not qualify for the
9 The legal description attached to the lease describes the property as: "The westerly 1,980 feet of the north half of the northwest quarter of Section 22, Township 4 South, Range 11 West, Gila and Salt River Base and Meridian." - 25 - 5.
9 The legal description attached to the lease describes the property as: "The westerly 1,980 feet of the north half of the northwest quarter of Section 22, Township 4 South, Range 11 West, Gila and Salt River Base and Meridian." - 25 - 5.
The predecessor to this Court cited Twin Bell with approval long ago when it stated that "gross income from the property" meant "gross income from the property received by the particular taxpayer claiming a deduction for depletion and is synonymous with the amount to be included in the taxpayer's gross income under section 22." McLean v.
The predecessor to this Court cited Twin Bell with approval long ago when it stated that “gross income from the property” meant “gross income from the property received by the particular taxpayer claiming a deduction for depletion and is synonymous with the amount to be included in the taxpayer’s gross income under section 22.” McLean v.