Gregg Chernik - Page 12




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               Since the City's contributions for petitioner's long-term              
          disability coverage were not includable in petitioner's income,             
          see sec. 106, and since the City made all of the contributions              
          toward petitioner's long-term disability coverage from at least             
          January 1991 to the date of petitioner's disability, it follows             
          that the long-term disability benefits received by petitioner               
          from the plan are not excluded from his gross income under                  
          section 104(a)(3).  Rather, the benefits must be included in                
          petitioner's gross income under section 105(a) unless the                   
          requirements of section 105(c) are satisfied.                               
               Petitioner argues, in essence, that both his short-term and            
          long-term disability benefits are excludable from his gross                 
          income under section 105(c).  Respondent contends that section              
          105(c) does not apply.  We agree with respondent.                           
               Section 105(c) sets forth an exception to the general                  
          inclusionary rule of section 105(a).  It provides that gross                
          income does not include amounts received through accident or                
          health insurance for personal injuries or sickness to the extent            
          the amounts (1) constitute payment for the permanent loss or loss           
          of use of a member or function of the body of the employee, and             
          (2) are computed with reference to the nature of the injury                 
          without regard to the period of time the employee is absent from            
          work.  See also sec. 1.105-3, Income Tax Regs.                              







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