Stephen Hayden - Page 6

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          settlement had no effect on the amount petitioner had received from         
          UNUM in 1997 or 1998.                                                       
                                     Discussion                                       
               Gross income includes all income from whatever source derived.         
          Sec. 61.  Generally, amounts received through accident or health            
          insurance for personal injuries or sickness are excluded from gross         
          income under section 104(a)(3), unless the amounts are either (1)           
          attributable to contributions by the employer that were not                 
          includable in the gross income of the employee or (2) paid by the           
          employer.  If amounts received by an employee through accident or           
          health insurance for personal injuries or sickness are either (1)           
          attributable to contributions by the employer that were not                 
          includable in the gross income of the employee or (2) paid by the           
          employer, then the amounts are specifically included in the                 
          employee’s gross income under section 105(a).                               
               Four conditions must be met for section 105(a) to apply.  See          
          Kees v. Commissioner, T.C. Memo. 1999-41.  First, the amounts must          
          be received through accident or health insurance; second, the               
          amounts must be for personal injuries or sickness; third, the               
          amounts must be attributable to contributions made by the employer;         
          and fourth, the employer’s contributions must not have been                 
          includable in the employee’s gross income.                                  
               In the instant case, petitioner received $286,931.22 in 1997           
          and $115,597.08 in 1998 from UNUM under the UNUM policy, an                 






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