- 7 - to the extent such amounts are either paid by the employer or are attributable to employer contributions that were not includable in the employee's gross income.6 Section 105(a) coordinates with section 104. As a general rule, section 105(a) provides that amounts received by an employee through accident or health insurance for personal injuries or sickness shall be included in gross income to the extent such amounts are either paid by the employer or are attributable to contributions by the employer that were not included in the employee's gross income. Section 105(c) sets forth an exception to the general rule of subsection (a). Thus, section 105(c) provides in relevant part as follows: (c) Payments Unrelated to Absence From Work.-- Gross income does not include amounts referred to in subsection (a) to the extent such amounts-- (1) constitute payment for the permanent loss or use of a member or function of the body * * *, and (2) are computed with reference to the nature of the injury without regard to the period the employee is absent from work. 6 See Trappey v. Commissioner, 34 T.C. 407 (1960) (disability income is received through accident or health insurance for personal injuries or sickness within the meaning of sec. 104(a)(3)); see also sec. 105(e)(1) (for purposes of secs. 104 and 105, amounts received under an accident or health plan for employees are treated as amounts received through accident or health insurance).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011