- 11 - recomputed payments were no longer excludable under section 104(a)(1) because they "were computed only with reference to * * * [the taxpayer's] length of service." Wiedmaier v. Commissioner, supra. The Court reasoned: Section 104(a)(1) excludes disability payments, not pension payments from income. Section 1.104-1(b), Income Tax Regs., acts to prevent pension payments that are disguised as disability payments from being excluded under section 104(a)(1). If a retirement provision is meant to compensate employees for their disability and not for their creditable service, then payments are computed with regard to the injured employee's disability, not with regard to the number of years that the employee has worked for the organization. * * * [Id.] Mabry v. Commissioner, supra, involved payments under the same provisions of the Oakland Charter as are at issue in this case, with one modification noted below. The taxpayer in Mabry was a member of the Oakland Fire Department retired for an employment-connected disability on July 1, 1960, prior to qualifying for service retirement. Accordingly, pursuant to section 2610(a) of the Oakland Charter, the taxpayer commenced receiving payments on that date equal to 75 percent of 1-year average compensation. Approximately 3 months later, on September 27, 1960, the taxpayer turned 55 and, since he had 22 years of service, became qualified for service retirement,8 treating time 8The version of sec. 2610(a) of the Oakland Charter applicable to the year at issue in this case requires the 75- percent payments to be recomputed on the date when the member "would have completed twenty-five (25) years of service and (continued...)Page: 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