- 7 - This Court, however, finds that petitioner’s citations are to provisions that are not in the nature of a workers’ compensation act, and they do not support his position that the CBA had the “force and effect of law.” Sec. 1.104-1(b), Income Tax Regs. Furthermore, while petitioner’s citations refer to other possible sources of injury payments, they do not change the fact that the payments herein were made pursuant to the CBA, not a legislative act. The agreement between the City and the Union was not incorporated by reference into legislation, it was merely approved by the City ordinance. Thus, the CBA stands by itself as a contract between the City and the Union. The agreement does not have the force and effect of law and is modifiable at any time. See Rutter v. Commissioner, supra at 468 (labor contract does not qualify as a “statute” within the meaning of sec. 1.104- 1(b), Income Tax Regs.); Covert v. Commissioner, T.C. Memo. 1990- 598. The finding that the CBA does not qualify as a “statute” within the meaning of sec. 1.104-1(b), Income Tax Regs., is determinative of the outcome in this case. As a result, it is not necessary for us to decide whether the relevant provisions of the CBA are in the nature of a workers’ compensation act. We hold that petitioner did not receive disability payments under a workers’ compensation act or a statute in the nature of aPage: Previous 1 2 3 4 5 6 7 8 9 Next
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