Robert B. and Daisy A. Miley - Page 5




                                        - 5 -                                         
          A.   Whether Petitioner’s Disability Payments Are Excludable as             
               Amounts Received Through Accident or Health Insurance                  
               Gross income does not include amounts received through                 
          accident or health insurance for personal injuries or sickness to           
          the extent those amounts are:  (1) Attributable to contributions            
          by the employer which were includable in the gross income of the            
          employee, or (2) paid by the employee.  Sec. 104(a)(3).                     
          Petitioner’s disability payments were received through accident             
          or health insurance for personal injuries or sickness for                   
          purposes of sections 104(a)(3) and 105(c).  See Trappey v.                  
          Commissioner, 34 T.C. 407, 408 (1960); Andrews v. Commissioner,             
          T.C. Memo. 1992-668.  Thus, petitioner may exclude the disability           
          payments under section 104(a)(3) if the payments were                       
          attributable to premiums paid by his employer that were included            
          in petitioner’s gross income.  Sec. 104(a)(3).  Similarly,                  
          petitioner may exclude disability payments if he paid the                   
          premiums for the disability policy.  Id.  If he did not pay the             
          premiums and his employer’s contributions were not included in              
          his income, the disability payments are includable in income                
          under section 105(a)5 unless an exception applies.                          

               5  Sec. 105(a) provides in part:                                       
               SEC. 105. AMOUNTS RECEIVED UNDER ACCIDENT AND HEALTH                   
               PLANS.                                                                 
                    (a) Amounts Attributable to Employer                              
               Contributions.--Except as otherwise provided in this                   
                                                             (continued...)           





Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011