William Reynold Luhr - Page 4




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          pension” from the pension trust.  In 1996, petitioner received              
          $6,995 from the pension trust, which was also not disclosed or              
          reported in gross income on his return.  Petitioner was born on             
          April 1, 1934, and was 62 years old during the year in issue.               
               In the notice of deficiency, respondent determined that                
          petitioner failed to report $5,517 of taxable Social Security               
          benefits, and $6,995 of taxable pension and annuity income.                 
          Pension Trust Income                                                        
               Section 61(a) provides that, except as otherwise provided by           
          law, gross income includes all income from whatever source                  
          derived.  Gross income does not include amounts received through            
          accident or health insurance for personal injuries or sickness,             
          other than amounts received by an 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.  See sec. 104(a)(3).  The latter                  
          amounts are includable in the gross income of the employee                  
          pursuant to section 105(a).                                                 
               In Trappey v. Commissioner, 34 T.C. 407, 408 (1960), we held           
          that disability income received through accident or health                  
          insurance for personal injuries or sickness is within the meaning           
          of section 104(a)(3).  Hence, the provisions in sections 104 and            
          105 dealing with amounts received through health insurance are              
          used to resolve whether petitioner’s disability benefits are                
          includable in gross income.                                                 






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