- 5 - in the gross income of the 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 by the employer. Petitioner concedes that the disability insurance premiums were paid by General Motors and that he did not include those premiums in his gross income but contends that the 1995 payments from MetLife were disability payments pursuant to section 105(c), and, therefore, excludable from gross income. Section 105(c) provides as follows: SEC. 105(c). Payments Unrelated to Absence From Work.-- Gross income does not include amounts referred to in subsection (a) to the extent such amounts-- (1) constitute payment for the permanent loss or loss of use of a member or function of the body, or the permanent disfigurement, of the taxpayer * * *, and (2) are computed with reference to the nature of the injury without regard to the period the employee is absent from work. In order to qualify for the section 105(c) exception, the payments to petitioner must satisfy both paragraphs (1) and (2) of section 105(c). Section 105(c)(2) itself has two parts that must be satisfied: (1) The payments to the taxpayer must be computed with reference to the nature of the injury, and (2) the payments must be computed without regard to the period thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011