Ronald J. and Linda Gabriel - Page 7




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          statute in the nature of a worker’s compensation act pursuant to            
          section 1.104-1(b), Income Tax Regs.                                        
               Petitioners contend that petitioner received disability                
          pension amounts from the city in accordance with section                    
          104(a)(1) in 1992, or, in the alternative, that amended section             
          10-12 allows petitioner’s previously received disability pension            
          amounts to be retroactively redesignated and excluded from gross            
          income during the year in issue pursuant to section 104(a)(1).              
          We examine each of petitioners’ contentions in turn.                        
          Section 104(a)(1) and Section 1.104-1(b), Income Tax Regs.                  
               Section 61(a) provides that gross income includes all income           
          from whatever source derived.  Certain income, however, may be              
          specifically excluded from gross income.  See sec. 61(b).                   
               Under section 104(a)(1), worker’s compensation amounts are             
          excluded from gross income.  However, such exclusions have been             
          “strictly construed so as to conform with the general rule that             
          all income is taxable unless it is specifically excluded.”                  
          McDowell v. Commissioner, T.C. Memo. 1997-500; see Kane v. United           
          States, 43 F.3d 1446,1449, 1451 (Fed. Cir. 1994); Take v.                   
          Commissioner, 804 F.2d 553, 558 (9th Cir. 1986), affg. 82 T.C.              
          630 (1984).                                                                 
               Section 104(a)(1) excludes from gross income “amounts                  
          received under workmen's compensation acts as compensation for              
          personal injuries or sickness”.  Section 1.104-1(b), Income Tax             






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