- 4 - corresponding increase in petitioners’ adjusted gross income.3 Petitioners contend that the Social Security benefits reported on the Forms SSA-1099 as “worker’s compensation offset” should not be included as part of petitioner’s Social Security benefits. They argue that there was no “offset” but merely a “nonpayment” because neither petitioner nor the insurance company that paid the worker’s compensation benefit to petitioner received payments of the amounts reported from the Social Security Administration. Discussion Gross income includes “all income from whatever source derived”, unless specifically excluded. Sec. 61(a). Generally, gross income does not include “amounts received under workmen’s compensation acts as compensation for personal injuries or sickness.” Sec. 104(a)(1). Social Security benefits, however, are included in gross income as provided by section 86. Married taxpayers filing a joint return whose modified adjusted gross income plus one-half of their Social Security 3 The increase in petitioners’ adjusted gross income in 1996 resulted in a computational adjustment to petitioners’ itemized deductions. Petitioners appear to dispute this adjustment, alleging in their petition that respondent erred in disallowing certain expenses and deductions. Petitioners, however, have presented no evidence or argument regarding this issue, and we thus deem them to have conceded it. See Rybak v. Commissioner, supra; Zimmerman v. Commissioner, supra. Our determination of the Social Security issue will resolve the computational adjustment.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011