- 9 - an accident or health benefit is attributable to the contributions of the employee, then that portion of the benefit is excludable from gross income under section 104(a)(3). See sec. 1.72-15(c)(1), Income Tax Regs. If, however, the plan does not expressly provide that the accident or health benefits are to be provided with employee contributions and the portion of employee contributions to be used for such purpose, it will be presumed that none of the employee contributions is used to provide such benefits. See sec. 1.72-15(c)(2), Income Tax Regs. Absent disability, no railroad retirement benefits are paid until the employee reaches age 62 or is at least 60 years old and has completed 30 years of service. See Railroad Retirement Act of 1974, Pub. L. 93-445, sec. 2(a)(10), 88 Stat. 1312, currently codified at 45 U.S.C. sec. 231(a)(1) (1994). Petitioners have not presented any evidence regarding Mr. Howle’s length of service. We thus conclude that Mr. Howle was not eligible for retirement until he turned 62 on October 31, 1997, and that the railroad retirement benefits petitioners received in 1997 were on account of disability until such date. We have found no provision in the Railroad Retirement Act expressly stating that disability benefits are to be provided with employee contributions. See 45 U.S.C. 231. Therefore, all of the Tier 2 benefits received by petitioners through October 31, 1997, are to be included in gross income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011