- 12 - Commissioner, supra; Berman v. Commissioner, T.C. Memo. 1989-654, affd. 925 F.2d 936 (6th Cir. 1991). The Monarch policy provides at least five different payment categories based upon the type of injury suffered. It is not related to the period of time petitioner is absent from work as the policy contemplates that petitioner may engage in any employment or occupation while disabled as a general surgeon. The facts of this case are distinguishable from those cited by respondent. See, e.g., West v. Commissioner, supra (benefits determined by years of "benefit credit"); Berman v. Commissioner, supra (benefits determined by salary and years of service); Beisler v. Commissioner, T.C. Memo. 1985-25, affd. 814 F.2d 1304 (9th Cir. 1987) (benefits determined solely by reference to years in the NFL). We hold petitioner has satisfied the second element of section 105(c) for the Monarch policy. In reaching our holdings herein, we have considered each argument made by the parties, and, to the extent not discussed above, find those arguments to be irrelevant or without merit. Due to concessions of the parties, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
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