Thomas D. Tuka - Page 4




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                                       OPINION                                        
               Petitioner argues that the disability benefits that he                 
          received in 1999 are excluded from gross income under section               
          104(a)(3).  Respondent determined that those amounts are not                
          excluded from gross income.                                                 
               Gross income includes income from whatever source derived.             
          Sec. 61(a).  However, gross income does not include amounts                 
          received through accident and health insurance for personal                 
          injuries or sickness other than amounts received by an employee,            
          to the extent such amounts:  (1) Are attributable to                        
          contributions by the employer which were not includable in the              
          gross income of the employee or (2) are paid by the employer.               
          Sec. 104(a)(3).2                                                            



               2Sec. 105(a) specifically includes in gross income amounts             
          received by an employee through accident or health insurance for            
          personal injuries or sickness to the extent such amounts:  (1)              
          Are attributable to contributions by the employer which were not            
          includable in the gross income of the employee, or (2) are paid             
          by the employer.  However, sec. 105(b) limits the application of            
          sec. 105(a) for certain amounts which are paid, directly or                 
          indirectly, to the taxpayer to reimburse the taxpayer for                   
          expenses incurred by him for the medical care of the taxpayer,              
          his spouse, and his dependents.  Further, gross income does not             
          include disability benefits to the extent that they constitute              
          payment for the permanent loss or loss of use of a member or                
          function of the body, or the permanent disfigurement, of the                
          taxpayer, his spouse, or a dependent, and which are computed with           
          reference to the nature of the injury without regard to the                 
          period the taxpayer is absent from work.  Sec. 105(c).  The                 
          exclusions under sec. 105(b) and (c) do not apply to the facts in           
          the instant case and petitioner has made no argument that they              
          do.                                                                         





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