Robert B. and Daisy A. Miley - Page 6




                                        - 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