- 7 - 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 underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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