Alton F. Emerson - Page 14




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          racing activity.   Although this factor standing alone does not             
          indicate that petitioner did not engage in this activity for                
          profit, the combination of factors is fatal to petitioner's case.           
               Although petitioner's testimony was frank and generally                
          credible, it was also vague and unsubstantiated.  He had no                 
          records and testified from memory.                                          
               On the basis of the record, we find that petitioner did not            
          engage in the automobile drag racing activity for profit.                   
          Accordingly, respondent is sustained on this issue, and                     
          petitioner is not allowed to deduct Schedule C expenses                     
          associated with this activity in 1995.                                      
          Issue 2.  Whether Long-Term Disability Payments Received by                 
          Petitioner in 1995 and 1996 Are Includable in Gross Income                  
               Section 61(a) provides that gross income means all income              
          from whatever source derived.  Certain income, however, may be              
          specifically exempted from inclusion in gross income.  See sec.             
          61(b).                                                                      
               Gross income does not include amounts received through                 
          accident or health insurance for personal injuries or sickness              
          (other than amounts received by an employee to the extent such              
          amounts are (1) attributable to contributions by the employer               
          which were not includable in the gross income of the employee; or           
          (2) paid for by the employer).  See sec. 104(a)(3).  In Trappey             
          v. Commissioner, 34 T.C. 407, 408 (1960), we held that disability           
          income received through accident or health insurance for personal           





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