- 12 - We have carefully considered petitioners' remaining arguments and find them unavailing.7 In conclusion, because the entire cost of petitioner's disability benefits was attributable to petitioner's employer, Met Life, and because such benefits were not computed with reference to the nature of petitioner's disability, such benefits must be included in petitioners' gross income pursuant to section 105(a). To reflect our disposition of the disputed issue, as well as respondent's concession, Decision will be entered for respondent as to the deficiency in income tax and for petitioners as to the accuracy-related penalty. 7 Petitioners rely, in part, on the following statement in IRS Publication 525 at 9 (Taxable and Nontaxable Income): "If you pay the entire cost of a health or accident insurance plan, do not include any amounts you receive for your disability as income on your tax return." In view of our holding that Met Life paid, or is deemed to have paid, the cost of petitioner's long-term disability coverage, the foregoing statement is inapposite. Even if this were not the case, we note that informal IRS publications are not authoritative sources of Federal tax law; rather, applicable statutes, regulations, and judicial decisions constitute the authoritative sources of law that inform our decisions. E.g., Zimmerman v. Commissioner, 71 T.C. 367, 371 (1978), affd. without published opinion 614 F.2d 1294 (2d. Cir. 1979); Green v. Commissioner, 59 T.C. 456, 458 (1972).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011