- 5 - employee has to be absent from work. Such payments are promptly discontinued if and when an employee becomes able to work again. The disability payments from the Minnesota State Retirement System are computed with regard to the period the employee was absent from work. The critical requirement for exclusion under section 105(c) that the payments must be “computed * * * without regard to the period the employee is absent from work” is not satisfied. Armstrong v. Commissioner, supra. Section 105(c) does not apply in this case. The payments from the Minnesota State Retirement System are taxable under section 61(a)(11). The payments from the Social Security Administration are taxable under section 86. We sustain respondent’s determination. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011