Gregg Chernik - Page 6




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          petitioner's gross income for 1994 includes only the following              
          items:                                                                      
                    Wages                    $2,738                                   
                    Vacation pay             8,845                                    
                    Short-term disability    6,000                                    
                    Long-term disability     10,124                                   
                    CALPERS                   40,635                                  
                    Corrected gross income   68,342                                   
                                       OPINION                                        
               Whether the disability benefits paid to petitioner in 1994             
          are subject to Federal income tax as respondent claims or are               
          excludable in whole or in part from petitioner's income as                  
          petitioner claims requires an examination of sections 104, 105,             
          and 106.  Respondent contends that the benefits in question are             
          includable in income under section 105(a).  Petitioner argues               
          generally that the benefits are not taxable.  Although petitioner           
          does not cite specific sections to support his position, it is              
          clear on the record before us that, if the benefits are                     
          excludable from income, it is only because the requirements of              
          either section 104(a)(3) or section 105(c) are met.                         
















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