Gregg Chernik - Page 7




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               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);                                                         





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