- 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
Last modified: May 25, 2011