Cliff Connors - Page 14

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          filed by petitioner for 2002 and that no taxes were paid.                   
          Respondent has shown that the substitute return filed on behalf             
          of petitioner for 2002 met the requirements of section 6020(b).             
          See infra p. 24.  Therefore, respondent has met the burden of               
          production under section 7491(c).  See Higbee v. Commissioner,              
          116 T.C. 438, 446-447 (2001).                                               
          Disability Benefit Payments                                                 
               The benefits in dispute in this case were paid pursuant to a           
          policy obtained through petitioner’s employer.  Section 61(a)               
          includes in gross income “all income from whatever source                   
          derived”, unless otherwise provided.  Section 105(a) provides               
          that amounts received by an employee through accident or health             
          insurance are includable in the gross income of the employee to             
          the extent such amounts are attributable to contributions by the            
          employer that were not includable in the gross income of the                
          employee or are paid by the employer.  Therefore, benefits                  
          received under a plan are includable in petitioner's income                 
          unless the contributions were includable in petitioner's gross              
          income.  Tuka v. Commissioner, 120 T.C. 1, 4 (2003), affd. 85               
          Fed. Appx. 875 (3d Cir. 2003).                                              
               Gross income does not include amounts received through                 
          accident or health insurance for personal injuries or sickness to           
          the extent such amounts are attributable to contributions by the            
          employer that were includable in the gross income of the employee           






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