Lawrence L. and Kathleen J. Kelter - Page 5

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            income pursuant to section 105(c) and (e).  Alternatively,                                    
            petitioners claim that, because of the determination letter,                                  
            respondent is precluded from challenging the qualification of the                             
            Plan under section 105.  Respondent challenges the qualification                              
            of the Plan as an accident and health plan for employees under                                
            section 105(e), claims that the plan distributions were not                                   
            computed with reference to the nature of the injury under section                             
            105(c)(2), claims that the Plan distributions did not constitute                              
            payments for the permanent loss or loss of use of a member or                                 
            function of the body under section 105(c)(1), and claims that                                 
            petitioners are not entitled to rely on the determination letter.                             
                  Because we agree with respondent that the plan distributions                            
            were not computed with reference to the nature of the injury                                  
            under section 105(c)(2), we need not consider whether the Plan                                
            qualifies as an accident and health plan for employees under                                  
            section 105(e) or whether Plan distributions constituted payments                             
            for the permanent loss or loss of use of a member or function of                              
            the body under section 105(c)(1).  We also agree with respondent                              
            that petitioners are unable to rely on the determination letter.                              
            II.  Applicable Law                                                                           
                  A.  The Statute                                                                         
                  Section 105(a) provides the general rule that amounts                                   
            received by an employee through accident or health insurance for                              
            personal injuries or sickness shall be included in gross income                               





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