- 13 - For disability benefits to qualify for exclusion under section 105(c), three requirements must be met. See Beisler v. Commissioner, 814 F.2d 1304, 1306-1308 (9th Cir. 1987), affg. en banc T.C. Memo. 1985-25. We address only one--whether the payments are computed with reference to the nature of the injury. See sec. 105(c). This requirement is satisfied only if benefits under the plan vary according to the type and severity of the injury. See Beisler v. Commissioner, supra; Rosen v. Commissioner, 829 F.2d 506, 510 (4th Cir. 1987); Hines v. Commissioner, 72 T.C. 715, 720 (1979). Although petitioner unquestionably suffered from serious medical ailments in 1994 and thereafter, the record does not support a finding that the disability benefits received by petitioner were calculated with reference to the type and severity of the injury suffered. Rather, the evidence is clear that the disability benefits were calculated with reference to the petitioner's salary and his years of service with the City and did not vary depending on the injury or illness suffered. Because petitioner's disability benefits were not calculated with reference to the nature of petitioner's injury as required by section 105(c)(2), petitioner's disability benefits do not fall within the section 105(c) exception. Accordingly, we conclude that the short-term and long-term disability benefitsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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