William Reynold Luhr - Page 7




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               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          repealed, effective for taxable years after 1983, by the Social             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.                             





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