Mary Ann and William J. Garbett - Page 4




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               In the notice of deficiency,4 respondent determined that                 
          petitioners received Social Security benefits in 1996 and that a              
          portion of such benefits was subject to income tax.  See sec. 86.             
          Subsequently, respondent concluded that such benefits do not have             
          tax consequences to petitioners in 1996, and respondent conceded              
          the deficiency in full.5                                                      
                                        OPINION                                         
               Petitioners seek relief that goes beyond respondent’s                    
          concession that petitioners are not liable for any deficiency in              
          income tax for 1996.  Basically, petitioners request the Court to             
          issue a mandatory injunction requiring respondent to (1)                      
          eliminate the Presidential campaign election checkoff from the                
          Form 1040-series of individual income tax returns and (2) revise              
          the instructions for Form 1040EZ regarding the reporting of                   
          Social Security benefits.                                                     
               Regarding their first request, petitioners contend that                  
          because the President is not elected by the people but rather by              
          the Electoral College, the Presidential election campaign fund is             

          4  The notice of deficiency, which is dated Oct. 28, 1998,                    
          incorporates a so-called “30-day letter” dated Aug. 5, 1998.  See             
          Rule 142(a); cf. sec. 7491.                                                   
          5  The record does not include the basis for respondent’s                     
          concession.  The petition suggests that petitioners may have                  
          received Social Security benefits in the amount of $11,598.  If               
          this were the case, then respondent’s determination in the                    
          deficiency notice that $1,682 of such amount was taxable would                
          appear to be consistent with the provisions of sec. 86.                       





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