William E. Levesque - Page 7




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          1992 gross income.  He attached the following statement to his              
          return:                                                                     
               Compensation received by the taxpayer, a firefighter                   
               injured in the line of duty, and paid as mandated by                   
               section 45-19-1 of the General Laws of Rhode Island,                   
               1954 as amended, is excluded from gross income under                   
               I.R.C. section 104(a) and regulation section 1.104-                    
               1(b).                                                                  
                                     Discussion                                       
          A.   Exclusion Under Section 104(a)(1)                                      
               1.   Background                                                        
               Respondent determined and contends that petitioner's pension           
          payments of $7,101 for 1992 should be included in income.                   
          Petitioner contends that his pension payments of $7,101 for 1992            
          are excludable from gross income under section 104(a)(1).  We               
          agree with respondent.                                                      
               Section 104(a)(1) provides that gross income does not                  
          include amounts received under worker's compensation acts as                
          compensation for personal injuries or sickness.  For benefits to            
          qualify for exclusion under section 104(a)(1), the worker's                 
          compensation act at issue must restrict benefits to work-related            
          personal injuries or sickness.  See Rutter v. Commissioner, 760             
          F.2d 466, 468 (2d Cir. 1985), affg. T.C. Memo. 1984-525; Take v.            
          Commissioner, 82 T.C. 630, 634 (1984), affd. 804 F.2d 553 (9th              
          Cir. 1986); Haar v. Commissioner, 78 T.C. 864, 868 (1982), affd.            
          per curiam 709 F.2d 1206 (8th Cir. 1983).  If a statute under               
          which benefits are paid does not restrict benefits to work-                 
          related personal injuries or sickness, the fact that the claimant           
          was injured on the job or in the line of duty is irrelevant.  See           

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