- 15 - injuries or sickness is within the meaning of section 104(a)(3). Hence, the provisions in sections 104 and 105 dealing with amounts received through health insurance are used to determine whether petitioner's disability benefits constitute taxable income. Section 105(a) provides: Except as otherwise provided in this section, amounts received by an employee through accident or health insurance for personal injuries or sickness shall be included in gross income to the extent such amounts (1) are attributable to contributions by the employer which were not includible in the gross income of the employee, or (2) are paid by the employer. The parties stipulated that petitioner's former employer, ECC International, funded the long-term disability plan and paid all the premiums. Additionally, petitioner presented no evidence that the sick pay he received from the long-term disability plan maintained by his previous employer was excludable from his gross income. Therefore, we sustain respondent's determination that the disability payments received by petitioner are includable in his gross income pursuant to section 105(a). Issue 3. Whether IRA Distributions Received by Petitioner in Taxable Years 1995 and 1996, as Well as Pension and Annuity Distributions Received by Petitioner in 1996, Are Includable in Gross Income Annuities and pensions are specifically included in gross income. See sec. 61(a)(9), (11). In addition, under section 408(d)(1), a distribution from an IRA is generally included in the gross income of the distributee in the year of distribution.Page: 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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