- 6 - Petitioner believes that the pension trust payments may be excludable from gross income because of information he received in a letter from the pension trust stating: since you are receiving these benefits due to a disability and are under the retirement age of sixty- five, these benefits may be excludable from gross income to the extent that such amounts are allowed by the Internal Revenue Service. At age sixty-five, the benefits will be taxable as ordinary income. However, the language in the letter correlates to section 105(d).2 During the years section 105(d) was in effect, payments made under wage continuation plans could be excluded from gross income under certain conditions. Section 105(d), however, was repealed, effective for taxable years after 1983, by the Social Security Act Amendments of 1983, Pub. L. 98-21, sec. 122(b), 97 Stat. 85. Finally, petitioner cites two cases, Winter v. Commissioner, 303 F.2d 150 (3d Cir. 1962), affg. 36 T.C. 14 (1961), and Jackson v. Commissioner, 28 T.C. 36 (1957), in support of his argument that the pension trust amounts are excludable from gross income. After reviewing the cases, we conclude that each is clearly distinguishable. Winter v. Commissioner, supra, interprets 2 SEC. 105(d) Certain Disability Payments.– (1) In General.--In the case of a taxpayer who– (A) has not attained age 65 before the close of the taxable year, and (B) retired on disability and, when he retired, was permanently and totally disabled, gross income does not include amounts referred to in subsection (a) if such amounts constitute wages or payments in lieu of wages for a period during which the employee is absent from work on account of permanent and total disability.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011