Hayes P. Duplantis - Page 6




                                        - 5 -                                         
          However, Ingram’s records, as well as the records of Jefferson-             
          Pilot, demonstrate that long-term disability coverage was                   
          provided to Ingram’s employees at no cost to the employees.                 
          Although amounts were withheld from petitioner’s salary for other           
          benefits under the plan, no amounts were withheld for long-term             
          disability coverage.  Given the passage of time involved, it                
          would appear that petitioner’s memory on the point simply is not            
          accurate.                                                                   
              The disability payments were received on account of, and               
          attributed to, accident or health insurance paid for by Ingram.             
          Pursuant to section 105(a), those amounts are includable and must           
          be included in petitioner’s income in the year received, and we             
          so hold.  Respondent’s determinations in this regard are                    
          therefore sustained.                                                        
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               Based on the foregoing and to reflect respondent’s                     
          concessions of the additions to tax,                                        
                                                  Decision will be                    
                                             entered for respondent                   
                                             with respect to the                      
                                             deficiencies and for                     
                                             petitioner with respect                  
                                             to the additions to tax.                 






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