- 10 - that such disability is attributable to his employment as a member of the Fire Department, and he shall be entitled to all of the benefits provided for in Section 45-19-1 of the General Laws of Rhode Island, 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. Petitioners have not alleged that section 24.4, itself, qualifies as a statute, and, indeed, we find that it does not. See Rutter v. Commissioner, 760 F.2d 466, 468 (2d Cir. 1985) (labor contract does not qualify as a “statute” within the meaning of section 1.104-1(b), Income Tax Regs), affg. T.C. Memo. 1984-525; Brooks v. Commissioner, supra; McDowell v. Commissioner, supra. Since section 24.4 is not a worker’s compensation act, and is not a statute in the nature of a workmen's compensation act as required by section 1.104-1(b), Income Tax Regs., payments received under section 24.4 are not exempt from gross income pursuant to section 104(a)(1). In addition, like section 10-12, section 24.4 also fails to distinguish between work-related injuries and nonwork-related injuries as required by section 104(a)(1). The conclusive presumption in section 24.4 that a disabling heart condition is work-related fails to satisfy the requirements of section 104(a)(1) in that respect. See, e.g., Take v. Commissioner, supra; Green v. Commissioner, T.C. Memo. 1994-264, affd. 60 F.3d 142 (2d Cir. 1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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