- 14 - 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 personalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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