- 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
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