Raymond J. and Jacquelyn M. Byrne - Page 12




                                       - 12 -                                         
               In the case of a dual-purpose statute, the appropriate focus           
          is on whether the taxpayer in fact received his disability                  
          retirement benefits under that specific provision that is in the            
          nature of a workers’ compensation act.  Neill v. Commissioner, 17           
          T.C. at 1016 (“However, the mere fact that * * * [the taxpayer]             
          was incapacitated at the time of retirement is not sufficient to            
          bring the exemption into play if he was actually retired for                
          length of service rather than for disability incurred in [the]              
          line of duty.”).  Respondent suggests that regardless of whether            
          CGC section 75061(a) contains a specific provision in the nature            
          of a workers’ compensation act, we must look solely to those                
          provisions under which the disability retirement benefits were              
          calculated and paid, i.e., CGC sections 75075 and 75076(a), and             
          that those provisions are not in the nature of a workers’                   
          compensation act.10  Petitioners argue that CGC sections 75075              
          and 75076 should be read in the context of “the entire statutory            


               9(...continued)                                                        
          under the ordinary workmen’s compensation act.”  Rev. Rul. 59-              
          269, 1959-2 C.B. 39, 41.  Thus, the compensatory elements of a              
          workers’ compensation act may differ from the substituted or                
          supplemental compensation under a statute in the nature of a                
          workers’ compensation act.  We cannot agree that Judge Byrne’s              
          receipt of the permanent disability payments is especially                  
          relevant to the question before us.                                         
               10Respondent relies on a letter dated Oct. 26, 2001, from              
          Cal. PERS, which confirms that Judge Byrne was awarded 65 percent           
          of the salary payable to a municipal court judge as provided in             
          secs. 75075 and 75076(a).  However, the same letter states that             
          Judge Byrne was “granted a disability retirement on December 14,            
          1989 as provided under Government Code section 75060(a).”                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011