Hayes P. Duplantis - Page 5




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          Discussion                                                                  
               The parties appear to agree that the plan constitutes an               
          accident or health plan within the meaning of sections 104(a)(3)            
          and 105(a), and we proceed as though it does.  Simply stated, the           
          statutory scheme framed by these sections allows a taxpayer to              
          exclude from income amounts received through accident or health             
          insurance plans if:  (1) The taxpayer paid for the insurance; or            
          (2) the amounts were attributable to contributions by the                   
          taxpayer’s employer that were includable in the taxpayer’s gross            
          income.  See sec. 104(a)(3).  On the other hand, amounts received           
          by an employee through accident or health insurance for personal            
          injuries must be included in gross income to the extent such                
          amounts are attributable to contributions by the employer that              
          were not includable in the gross income of the employee.  See               
          sec. 105(a).                                                                
               Petitioner does not claim that Ingram’s contributions to the           
          plan on his behalf were includable or included in his gross                 
          income for any year, and the version of section 106 in effect               
          during the relevant periods suggests that they were not.                    
          Instead, petitioner argues that the disability payments are                 
          excludable from income because he paid for the applicable                   
          insurance coverage.                                                         
               According to petitioner, Ingram withheld amounts from his              
          salary for long-term disability coverage under the plan.                    






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