Thomas E. King - Page 5

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            that "he is not wearing any sort of supportive footwear or device                             
            on his left foot".  The report further states:                                                
                  He was able to stand on heels and toes on both sides.  He                               
                  could hop independently on the left side.  He was able to do                            
                  so on the right, but was unstable on that side.  Deep tendon                            
                  reflexes were symmetrical and active at the knees and ankles                            
                  bilaterally, and rated 2+. * * *  He had good pulses in both                            
                  feet.  I could detect no sensory deficit in his lower                                   
                  extremities.  The right ankle demonstrated no deformity or                              
                  soft tissue swelling.  Right ankle motion was slightly                                  
                  limited compared to the left. * * *                                                     
                                     *     *     *     *     *                                            
                  Diagnosis: Healed Fractures, Right Ankle and Os Calcis                                  
            Status Post Myocardial Infarction by History                                                  
            Mitral Valve Prolapse, by History                                                             
            Dr. Phillip concluded that petitioner "remained disabled from the                             
            performance of the expected [duties] of a policeman."                                         
                  In the notice of deficiency, respondent determined that the                             
            pension benefits received by petitioner are taxable under section                             
            105(a).  Petitioner contends that the pension benefits are                                    
            excludable from gross income under section 105(c).  Respondent's                              
            determinations are presumed correct, and petitioner bears the                                 
            burden of proving otherwise.  Rule 142(a).                                                    
                  Section 105(a) provides that amounts received by an employee                            
            under accident and health insurance plans funded by the employer                              
            generally are included in the employee's gross income.  However,                              
            section 105(c) provides an exception to the general rule:                                     
                  (c) Payments Unrelated to Absence From Work.--Gross income                              
                  does not include amounts referred to in subsection (a) to                               
                  the extent such amounts--                                                               






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