- 5 - code, and by this measure is enacted into law, it meets the statutory and regulatory requirements described above. Cf. Givens v. Commissioner, 90 T.C. 1145, 1149-1151 (1988). Mere approval by a city council of a collective bargaining agreement negotiated by a city and a union does not, without explicit incorporation into the city’s code, meet the requirements described above. See Rutter v. Commissioner, supra at 468; Brooks v. Commissioner, T.C. Memo. 1997-568. At trial, petitioner argued that Rev. Rul. 81-47, 1981-1 C.B. 55, stands for the proposition that any payment made to a disabled police officer is excludable from gross income under section 104(a)(1).2 Petitioner overstates the breadth of the revenue ruling. The revenue ruling involved a police officer injured in the line of duty. State statute provided that all collective bargaining agreements entered into by the county had to be approved by “legislative acts” of the county council and incorporated by reference into the county code. Adoption by the council had the effect of enacting provisions of the collective bargaining agreement into law. The ruling found that the county 2Generally, revenue rulings are not regarded as precedent in this Court. In the appropriate circumstances, however, revenue rulings may be treated as concessions by respondent. See Cascade Designs, Inc. v. Commissioner, T.C. Memo. 2000-58 (and citations therein). Because petitioner cites a revenue ruling that is distinguishable from the facts in this case, the necessary circumstances to treat the revenue ruling as a concession are not present.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011