Richard A. McDowell - Page 4

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               Petitioner counters respondent's contentions by maintaining            
          that:                                                                       
               (a) Petitioner does not rely on the agreement as a basis for           
          excluding the pension disability payments from income; (b) the              
          City ordinance has been interpreted by the Rhode Island Supreme             
          Court as in the nature of a worker's compensation act; (c) the              
          ordinance has been applied in a manner that is in the nature of a           
          worker's compensation act; and (d) the ordinance has been                   
          retroactively amended to "clarify" that it is in the nature of a            
          worker's compensation act.                                                  
               Respondent's determinations are presumed correct, and                  
          petitioner has the burden of proving otherwise.  Rule 142(a);               
          Welch v. Helvering, 290 U.S. 111, 115 (1933).  Furthermore, every           
          item of a person's gross income is subject to Federal income tax            
          unless there is a statute or some rule of law that exempts the              
          person or the item from gross income.  HCSC-Laundry v. United               
          States, 450 U.S. 1, 5 (1981).                                               
          Exemption Under Section 104(a)(1)                                           
               An exclusion from gross income can be found at section                 
          104(a)(1) for "amounts received under workmen's compensation acts           
          as compensation for personal injuries or sickness".  Section                
          1.104-1(b), Income Tax Regs., interprets section 104(a)(1) to               
          exempt amounts received under a worker's compensation act, "or              
          under a statute in the nature of a workmen's compensation act               
          which provides compensation to employees for personal injuries or           




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