Jon L. Stolte and Esther J. Stolte - Page 12




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          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.                               
                                                                                     







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