- 6 - Respondent contends that petitioners may not exclude FERS payments received during the year in issue from gross income because the amounts were not received under a worker’s compensation act pursuant to section 104(a)(1), or a statute in the nature of a worker’s compensation act pursuant to section 1.104-1(b), Income Tax Regs. Petitioners contend that the disability pension amounts received should be paid under FECA rather than FERS. The parties agree that had the payments been made under FECA they would be excludable under section 104(a)(1). This Court is a court of limited jurisdiction as specifically authorized by Congress. See sec. 7442; Neilson v. Commissioner, 94 T.C. 1, 9 (1990). Although we have jurisdiction to redetermine the income tax deficiency under section 6213, the Court does not have jurisdiction to decide employee benefit entitlement issues that fall within the purview of various departments and agencies of the United States Government. See sec. 7442; Merker v. Commissioner, T.C. Memo. 1997-277; Steines v. Commissioner, T.C. Memo. 1991-588, affd. without published opinion 12 F.3d 1101 (7th Cir. 1993). The record is clear that petitioner’s numerous requests to transform the payor of the disability payments from FERS to FECA have been consistently denied. Further, all payments at issue in this case are disability payments pursuant to FERS. Therefore, the issuePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011