- 5 - paid must itself provide specificity as to the permanent loss or injury suffered and the corresponding amount of payments to be provided. * * * exclusion is permitted only under plans which vary benefits to reflect the particular loss of bodily function. * * * Accord Beisler v. Commissioner, 814 F.2d 1304, 1307 (9th Cir. 1987), affg. T.C. Memo. 1985-25; Hines v. Commissioner, 72 T.C. 715, 720 (1979). Petitioner relies on a letter from the pension trust manager stating that petitioner’s receipt of the monthly pension is solely based on the amount of petitioner’s Social Security disability benefits. The letter also informs petitioner that upon attaining age 65, “this Disability Pension was converted to an Age Pension.” It is well settled that we “are fully justified in examining such contracts or relationships to determine whether they are truthfully described by the labels which the parties have attached to them.” Graybar Elec. Co. v. Commissioner, 29 T.C. 818 (1958), affd. per curiam 267 F.2d 403 (2d Cir. 1959). The labeling of the pension trust as “disability” without evidence confirming that the requirements of section 105(c) have been met is not binding on us. At trial, petitioner did not produce the written pension trust agreement and has been unable to establish that the pension trust payments he received from the union comport with the requirements of section 105(c). Indeed, petitioner concedes that the union computed his pension trust benefits based on the number of hours performed and years of credited service rather than with regard to any injury as required by section 105(c)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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