- 8 - the settlement. Further, the record contains no direct evidence about UNUM’s intent in making the lump-sum payment to petitioner. The record does contain the stipulation that “after protracted oral negotiations, UNUM paid petitioner a lump-sum settlement of $135,000 with respect to his disability claim.” Under all the facts and circumstances, we find that the nature of the claim underlying the lump-sum payment was UNUM’s liability under the disability plan. Settlement does not transform the nature of the payments into something other than “amounts received * * * through accident or health insurance” within the meaning of section 105(a). Thus, section 105(a) applies to the lump-sum payment of $135,000 as well as to the monthly payments totaling $15,646. The fact that section 105(a) applies does not necessarily mean that the amounts are included in income. As section 105(a) itself indicates, there are exceptions. The relevant exception for the instant case appears in section 105(c), which provides as follows: Gross income does not include amounts referred to in subsection (a) to the extent such amounts-- (1) constitute payment for the permanent loss or loss of use of a member or function of the body, or the permanent disfigurement, of the taxpayer * * *, and (2) are computed with reference to the nature of the injury without regard to the period the employee is absent from work.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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