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Petitioners reported on their 1997 Form 1040, U.S.
Individual Income Tax Return, adjusted gross income of $50,338.
Petitioners did not report worker’s compensation payments, but
they did report Social Security benefits received of $2,152 and
treated $1,829 of that amount as taxable.
Petitioner’s 1997 Form SSA-1099 reports that petitioner
received net benefits of $13,309 for 1997. The net benefits
received were reported as consisting of: (1) $1,626 paid by
check or direct deposit; (2) $526 in medicare premiums paid for
petitioner; and (3) $11,656 in worker’s compensation offset. Of
these amounts $498 is nontaxable payments.
Respondent determined that the worker’s compensation offsets
reported on petitioner’s Forms SSA-1099 for taxable years 1996
and 1997 must be included in his Social Security benefits
received.2 The deficiency at issue results from the
2 Respondent also determined that the $498 reported as
attorney's fees and SSI offset on petitioners’ 1996 Form SSA-
1099, which petitioners failed to report on their 1996 Federal
income tax return, are Social Security benefits received by
petitioner. It is not clear whether any of this amount is for
1996 or whether it is attributable to the 2 earlier years for
which benefits were paid in 1996. Although petitioners contested
in their petition the entire deficiency determined by respondent,
they made no stipulations or argument on brief regarding this
amount. We thus deem them to have conceded this issue. See
Rybak v. Commissioner, 91 T.C. 524, 566 n.19 (1988); Zimmerman v.
Commissioner, 67 T.C. 94, 104 n.7 (1976).
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