- 3 - 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 toPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011