Jon L. Stolte and Esther J. Stolte - Page 7




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               Petitioners did not report any of these disability payments            
          on their return for 1987, 1988, 1989, or 1990.  Respondent                  
          determined that the payments received by petitioner under the               
          Monarch policy and the Provident policy were includable in                  
          income.                                                                     
                                     Discussion                                       
               We must decide whether petitioner, who suffers from a                  
          debilitating physical condition, is eligible for the tax benefit            
          Congress intended to confer upon those whose quality of life has            
          been significantly lessened by a severe and permanent physical              
          injury.  Petitioner contends that the disability payments at                
          issue are excludable from his gross income because: (1) They                
          constituted payment for the permanent loss or loss of use of a              
          member or function of the body, in that petitioner has                      
          permanently lost the use of the function of his hands, feet, and            
          legs; and, (2) the payments were computed with reference to the             
          nature of the injury without regard to the period petitioner was            
          absent from work.  Respondent, in contrast, argues the payments             
          received by petitioner under the Monarch policy do not satisfy              
          either of the conditions imposed by section 105(c); that the                
          payments received under the Provident policy do not satisfy the             
          first condition of section 105(c); and that the payments under              








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