Thomas J. Rabideau and Sandra M. Rabideau - Page 7

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          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).                                                          




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