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emc011075, Tax adviser
Category: Tax
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Experience:  IRS licensed Enrolled Agent and tax instructor
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a former member of the NYC Fire Dept I retired on a medical

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a former member of the NYC Fire Dept I retired on a medical disability in 1970; NOT, job-related.
when I turned 65 yrs; in 2000, the IRS began to tax me w/o my objecting.
My question;
what is the statute, code, law that makes this o.k. for them to tax this little bit of money; which becomes more and more difficult to live on?

thank you for your attention,

clement boylan
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 3 years ago.

I'm waiting....

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Customer: replied 3 years ago.

takes a-while, huh....

We can't predict how long it will take. Most are answered within minutes. For the others, it depends on the nature, complexity and subject area of the question and the areas of expertise and the time constraints of the lawyers on line.

Reading it carefully, however, I wonder if this wouldn't be answered quicker by an accountant. I'm going to move it and see, since you are asking about a tax regulation.

Hi Mr. Boylan. Allow me to help you. Before you turned 65, you were collecting Social Security disability benefits. However, once you reached full retirement age, you became eligible for full Social security retirement benefits. While the disability benefits are not taxable, retirement benefits could be up to 85% taxable, depends on other circumstances.

This is directly from IRS website:

The Social Security benefits you received in 2010 may be taxable. You should receive a Form SSA-1099 which will show the total amount of your benefits. The information provided on this statement along with the following seven facts from the IRS will help you determine whether or not your benefits are taxable.

  1. How much – if any – of your Social Security benefits are taxable depends on your total income and marital status.
  2. Generally, if Social Security benefits were your only income for 2010, your benefits are not taxable and you probably do not need to file a federal income tax return.
  3. If you received income from other sources, your benefits will not be taxed unless your modified adjusted gross income is more than the base amount for your filing status.
  4. Your taxable benefits and modified adjusted gross income are figured on a worksheet in the Form 1040A or Form 1040 Instruction booklet.
  5. You can do the following quick computation to determine whether some of your benefits may be taxable:
    • First, add one-half of the total Social Security benefits you received to all your other income, including any tax exempt interest and other exclusions from income.
    • Then, compare this total to the base amount for your filing status. If the total is more than your base amount, some of your benefits may be taxable.
  6. The 2010 base amounts are:
    • $32,000 for married couples filing jointly.
    • $25,000 for single, head of household, qualifying widow/widower with a dependent child, or married individuals filing separately who did not live with their spouses at any time during the year.
    • $0 for married persons filing separately who lived together during the year.
  7. For additional information on the taxability of Social Security benefits, see IRS Publication 915, Social Security and Equivalent Railroad Retirement Benefits. Publication 915 is available on this website or by calling 800-TAX-FORM(NNN) NNN-NNNN.

You can also request from IRS or print from IRS website publication 915 that explain how Social security benefits are calculated.


Please, let me know if I answered your question or if you have any further questions.
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 2188
Experience: IRS licensed Enrolled Agent and tax instructor
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