- 17 - provision that does not qualify as a statute in the nature of a workers’ compensation act.14 14The statute in this case is similar to the statute at issue in Priv. Ltr. Rul. 1998-50-005 (Dec. 11, 1998). The statute therein provided for “disability coverage to each member who has at least five years of total service credit and disability coverage for on-duty illness or injury to each member who is a law enforcement officer, regardless of length of service.” Consistent with our opinion herein, the Internal Revenue Service ruled as follows: The Statute contains two provisions for the payment of disability benefits. The first clause provides “disability coverage to each member who has at least five years of total service credit.” The second clause provides “disability coverage for on-duty illness or injury to each member who is a law enforcement officer, regardless of length of service.” The fact that one part of a statute is not a statute in the nature of a workmen’s compensation act (i.e., the first clause) does not preclude another part of the same statute from meeting the requirements of section 104(a)(1) of the Code. This is true notwithstanding that the same disabilities may qualify for compensation under either provision. See, Take v. Commissioner, 82 T.C. 630 (1984) aff’d 804 F2d 553 (9th Cir. 1986). The first clause of the Statute is not a statute in the nature of a workmen’s compensation act because it provides benefits regardless of the cause of the disability to employees with at least five years of total service credit. The second clause of the Statute provides compensation to law enforcement officers only for personal injuries or sickness incurred in the course of employment and regardless of length of service. Accordingly, the second clause of the Statute is a statute in the nature of a workmen’s compensation act. Although private letter rulings are not precedent, sec. 6110(k)(3), they do reveal the interpretation put upon the statute by the agency charged with the responsibility of administering the revenue laws. Rowan Cos. v. United States, 452 U.S. 247, 261 n.17 (1981); Hanover Bank v. Commissioner, 369 U.S. 672, 686-687 (1962); Estate of Cristofani v. Commissioner, 97 T.C. 74, 84 n.5 (1991); Woods Inv. Co. v. Commissioner, 85 T.C. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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