- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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