Asa Eugene Pearson - Page 2

                                        - 2 -                                         

               After a concession,1 the issue for determination is whether            
          disability payments received by petitioner in 1995 are includable           
          in gross income.                                                            
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time of filing the           
          petition, petitioner resided in Fort Worth, Texas.                          
               In 1972, petitioner began working for General Motors                   
          Corporation (General Motors) at its Arlington, Texas, assembly              
          plant.  As an employee, petitioner was included in General                  
          Motors’ long-term disability plan (the disability plan) which               
          General Motors funded through Metropolitan Life Insurance Company           
          (MetLife).  General Motors paid all the policy premiums and did             
          not deduct the cost of the premiums from employee wages.                    
               Because of the repetitious nature of the work and other                
          stressful situations at the plant, petitioner began to suffer               
          from severe depression which affected his ability to work.  By              
          1985, his condition worsened, and petitioner was on sick leave              
          for most of the year.                                                       

               1    At trial, petitioner failed to offer any evidence,                
          whatsoever, contesting the Commissioner’s determination in the              
          notice of deficiency that he failed to report income from General           
          Motors of $72 for the 1995 taxable year.  Accordingly, petitioner           
          is deemed to have conceded the issue.  See Rules 149(b), 142(a).            

Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011