- 14 - pertinent evidence. See Ware v. Commissioner, 92 T.C. 1267, 1268 (1989), affd. 906 F.2d 62 (2d Cir. 1990). Though petitioner has failed to establish in the record before us that the Michigan Worker’s Compensation Act qualifies as “an accident and health plan” as defined in section 105(e), and has further failed to establish that the payments she received from Healthcare are “amounts received by an employee” pursuant to section 105(a), the issue can be decided based solely on the language of the relevant statute, and we shall therefore allow petitioner to argue her reliance on section 105 in her brief. Petitioner’s contention that her payments are excludable from gross income for the years in issue pursuant to section 105(b) is not supported by the language of section 105. Section 105(a) excludes certain “amounts received by an employee” from gross income and section 105(b) excludes “amounts referred to in subsection (a) if such amounts are paid, directly or indirectly, to the taxpayer to reimburse the taxpayer” for incurred medical expenses. Section 105 concerns the tax treatment of the employee and not the attendant-care provider. Petitioner in this case is clearly not a taxpayer being reimbursed for medical expenses but an attendant-care provider being paid for services rendered to such a taxpayer.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011