Jon L. Stolte and Esther J. Stolte - Page 11




                                       - 11 -                                         

          respondent's analysis of the facts.  We listened to petitioner's            
          credible testimony about his condition from 1986 forward and                
          reviewed documentary evidence of petitioner's condition, which              
          evidence included several letters from physicians who examined              
          petitioner at relevant times.7  We are convinced that                       
          petitioner's condition is severe and permanent and has left him             
          without functional use of his hands, legs and feet.  Petitioner's           
          polyneuropathy robbed him not only of his ability to function as            
          a general surgeon but also of his ability to lead the life he               
          enjoyed before his condition.  See, e.g., Maller v. Commissioner,           
          T.C. Memo. 1984-614 (wherein the parties stipulated loss of sight           
          was loss of a body function); Berner v. United States, 81-2 USTC            
          par. 9733 (W.D. Pa. 1981) (wherein taxpayer's loss of virtually             
          all respiratory function was loss of a body function).                      
          Petitioner has satisfied the first element of section 105(c).               
               The parties stipulated the second element of section 105(c)            
          for the Provident policy.  Regarding the Monarch policy,                    
          the payments must be computed with regard to the nature of the              
          injury and must not be computed with regard to the period the               
          employee is absent from work.  See sec. 105(c)(2); Hines v.                 

               7We also observed petitioner at trial and noted his weak               
          condition and difficulty moving around.  While the trial was                
          several years after the years in issue, we conclude based upon              
          this record that petitioner's condition was substantially similar           
          during the years in issue.                                                  






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

Last modified: May 25, 2011