- 7 - 1992 gross income. He attached the following statement to his return: Compensation received by the taxpayer, a firefighter injured in the line of duty, and paid as mandated by section 45-19-1 of the General Laws of Rhode Island, 1954 as amended, is excluded from gross income under I.R.C. section 104(a) and regulation section 1.104- 1(b). Discussion A. Exclusion Under Section 104(a)(1) 1. Background Respondent determined and contends that petitioner's pension payments of $7,101 for 1992 should be included in income. Petitioner contends that his pension payments of $7,101 for 1992 are excludable from gross income under section 104(a)(1). We agree with respondent. Section 104(a)(1) provides that gross income does not include amounts received under worker's compensation acts as compensation for personal injuries or sickness. For benefits to qualify for exclusion under section 104(a)(1), the worker's compensation act at issue must restrict benefits to work-related personal injuries or sickness. See Rutter v. Commissioner, 760 F.2d 466, 468 (2d Cir. 1985), affg. T.C. Memo. 1984-525; Take v. Commissioner, 82 T.C. 630, 634 (1984), affd. 804 F.2d 553 (9th Cir. 1986); Haar v. Commissioner, 78 T.C. 864, 868 (1982), affd. per curiam 709 F.2d 1206 (8th Cir. 1983). If a statute under which benefits are paid does not restrict benefits to work- related personal injuries or sickness, the fact that the claimant was injured on the job or in the line of duty is irrelevant. SeePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011