- 6 - pursuant to the terms of section 2610(a) of the Charter, from 75 to 50 percent of 1-year average compensation. This recomputed amount was equal to the amount petitioner would have received if he had served without interruption for 25 years and retired for service on that date, with one modification: the compensation base to which the 50-percent allowance was applied was 1-year average compensation rather than the 3-year average compensation utilized in computing "regular" service retirement allowances under Oakland Charter section 2608. The parties have stipulated that the amounts received prior to October 31, 1991, are excludable under section 104(a)(1). The parties have also stipulated that petitioner did not receive any service credit under section 2609 of the Oakland Charter for the time during which he received a disability retirement allowance pursuant to section 2610(a) of the Charter. During the year in issue, petitioner received payments totaling $27,007 from the City of Oakland, awarded pursuant to section 2610(a) of the Charter. The parties have stipulated that the only issue for decision is whether those payments are excludable from gross income as disability payments under section 104(a)(1). The Internal Revenue Code defines “gross income” as follows: "Except as otherwise provided in this subtitle, gross income means all income from whatever source derived". Sec. 61(a). OnePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011