- 6 - Petitioner testified that he paid premiums of $3 per pay period for his disability policy. His testimony does not establish that the disability payments he received in 1997 were attributable solely to contributions he made to the disability policy or that the disability payments were not attributable in whole or part to contributions by Hearth Home for the policy.6 There is no evidence that the Hearth Home contributions were included in petitioner’s income. B. Whether Petitioner’s Disability Payments Are Excludable as Payments for Permanent Loss or Disfigurement Gross income does not include disability benefits to the extent that they constitute payment for the permanent loss or loss of use of a member or function of the body, or the permanent disfigurement, of the taxpayer, sec. 105(c)(1), and are computed with reference to the nature of the injury without regard to the period the taxpayer is absent from work, sec. 105(c)(2). Petitioners do not contend that the disability payments are 5(...continued) section, amounts received by an employee through accident or health insurance for personal injuries or sickness shall be included in gross income to the extent such amounts (1) are attributable to contributions by the employer which were not includible in the gross income of the employee, or (2) are paid by the employer. 6 There is no evidence of what portion of the premiums petitioner’s $3 contribution per pay period represents.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011