- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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