- 7 - As a general rule, section 104(a)(3)4 excludes from gross income compensation received through accident or health insurance for personal injuries or sickness. See sec. 104(a)(3); sec. 1.104-1(a), Income Tax Regs. Similar treatment is accorded to amounts received under accident or health plans or from sickness or disability funds. See Trappey v. Commissioner, 34 T.C. 407 (1960)(disability income is received through accident or health insurance for personal injuries or sickness within meaning of sec. 104(a)(3)); sec. 1.104-1(d), Income Tax Regs.; 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); sec. 1.105-5, Income Tax Regs. However, the parenthetical language of section 104(a)(3) provides an exception for amounts received by an employee to the extent they either are paid directly by the 4SEC. 104. COMPENSATION FOR INJURIES OR SICKNESS. (a) In General.-- * * * gross income does not include-- * * * * * * * (3) amounts received through accident or health insurance * * * for personal injuries or sickness (other than amounts received by an employee, to the extent such amounts (A) are attributable to contributions by the employer which were not includible in the gross income of the employee, or (B) are paid by the employer);Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011