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@rmilling3165 wrote:

@Anonymous_ Net investment income tax is calculated based upon net investment income. 


We are definitely in agreement that net investment income does not include social security benefits (as well as a host of other excluded items of income), but apparently disagree about how the NIIT is calculated (the main point here is that a taxpayer's MAGI has to exceed the threshold before NIIT is even a factor).

 

I am not at all sure how this is going to be resolved, but resolving this issue will certainly not be left to us. Regardless, I am not making an absolute assertion that the IRS got this wrong, but it is absolutely not out of the realm of possibility.