Kirk A. and Ida R. Crandall - Page 3

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          did not include that amount in income on their joint 1991 Federal           
          income tax return.  Mr. Crandall's 1991 Form W-2, Wage and Tax              
          Statement, issued by the Kodak Welfare Benefit Trust, reported              
          the amount of $5,491.52 in separate boxes, alternatively entitled           
          "Wages, tips, other compensation" and "Disability Benefits (Sick            
          Pay) Included in Wages", and also in the box for "Total Benefits            
          Paid".  Nothing was withheld or excluded from Mr. Crandall's 1991           
          benefits.  On their 1991 return, Mr. Crandall reported as his               
          occupation "Disabled", and petitioner Ida Crandall reported as              
          her occupation "Teacher".                                                   
               Petitioners contend that the payments they received in 1991            
          from the Kodak Welfare Benefit Trust are excludable from gross              
          income because the total amount received was not attributable to            
          employer contributions that were not includable in petitioners'             
          gross income.                                                               
               Respondent determined that the payments Mr. Crandall                   
          received must be included in petitioners' 1991 gross income                 
          because the Kodak Long Term Disability Plan was funded solely by            
          employer contributions.  Respondent's determinations as to                  
          petitioners' tax liability are presumed correct, and petitioners            
          have the burden of proving otherwise.  Rule 142(a).                         
               Section 105 provides that, in general, amounts received by             
          an employee, through an accident or health plan for employees,              
          for personal injuries or sickness must be included in gross                 
          income to the extent such amounts (1) are attributable to                   




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